Florida Senate - 2009                                    SB 1182
       
       
       
       By Senators Fasano and Gaetz
       
       
       
       
       11-00712-09                                           20091182__
    1                        A bill to be entitled                      
    2         An act relating to state retirement; amending s.
    3         121.091, F.S.; prohibiting a retired person from
    4         receiving both a salary from an employer in the state
    5         administered retirement system and retirement
    6         benefits, and from reenrolling in the State Retirement
    7         System; providing exemptions; amending s. 121.122,
    8         F.S.; prohibiting a retired member from reenrolling in
    9         the State Retirement System after a certain date;
   10         providing an effective date.
   11         
   12  Be It Enacted by the Legislature of the State of Florida:
   13         
   14         Section 1. Paragraph (b) of subsection (9) of section
   15  121.091, Florida Statutes, is amended to read:
   16         121.091 Benefits payable under the system.—Benefits may not
   17  be paid under this section unless the member has terminated
   18  employment as provided in s. 121.021(39)(a) or begun
   19  participation in the Deferred Retirement Option Program as
   20  provided in subsection (13), and a proper application has been
   21  filed in the manner prescribed by the department. The department
   22  may cancel an application for retirement benefits when the
   23  member or beneficiary fails to timely provide the information
   24  and documents required by this chapter and the department's
   25  rules. The department shall adopt rules establishing procedures
   26  for application for retirement benefits and for the cancellation
   27  of such application when the required information or documents
   28  are not received.
   29         (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—
   30         (b)1. Any person who is retired under this chapter, except
   31  under the disability retirement provisions of subsection (4),
   32  may be reemployed by an employer participating in the Florida
   33  Retirement System. However, except as provided under ss. 121.053
   34  and 121.122, the any private or public employer after retirement
   35  and receive retirement benefits and compensation from his or her
   36  employer without any limitations, except that a person may not
   37  receive both a salary from reemployment with any agency
   38  participating in the Florida Retirement System and retirement
   39  benefits, may not be reenrolled in the Florida Retirement
   40  System, and the employer is not subject to retirement
   41  contributions on behalf of such employee for that employment
   42  under this chapter for a period of 12 months immediately
   43  subsequent to the date of retirement. However, a DROP
   44  participant may shall continue employment and receive a salary
   45  during the period of participation in DROP the Deferred
   46  Retirement Option Program, as provided in subsection (13).
   47         2.Any person to whom the limitation in subparagraph 1.
   48  applies who violates such reemployment limitation and who is
   49  reemployed with any agency participating in the Florida
   50  Retirement System before completion of the 12-month limitation
   51  period shall give timely notice of this fact in writing to the
   52  employer and to the division and shall have his or her
   53  retirement benefits suspended for the balance of the 12-month
   54  limitation period. Any person employed in violation of this
   55  paragraph and any employing agency that which knowingly employs
   56  or appoints such person without notifying the division of
   57  Retirement to suspend retirement benefits are shall be jointly
   58  and severally liable for reimbursement to the retirement trust
   59  fund of any benefits paid during the reemployment limitation
   60  period. To avoid liability, the such employing agency must shall
   61  have a written statement from the retiree that he or she is not
   62  retired from a state-administered retirement system. Any
   63  retirement benefits received while reemployed must during this
   64  reemployment limitation period shall be repaid to the Florida
   65  Retirement System Trust Fund, and the salary from employment
   66  remains retirement benefits shall remain suspended until such
   67  repayment has been made. Any salary suspended Benefits suspended
   68  beyond the reemployment limitation shall be applied apply toward
   69  repayment of retirement benefits received in violation of this
   70  paragraph the reemployment limitation. This provision is subject
   71  to the following limited exemptions.
   72         1.3. A district school board may reemploy a retired member
   73  as a substitute or hourly teacher, education paraprofessional,
   74  transportation assistant, bus driver, or food service worker on
   75  a part-time, noncontractual basis after he or she has been
   76  retired for 1 calendar month, in accordance with s. 121.021(39).
   77  A district school board may reemploy a retired member as
   78  instructional personnel, as defined in s. 1012.01(2)(a), on an
   79  annual contractual basis after he or she has been retired for 1
   80  calendar month, in accordance with s. 121.021(39). Any other
   81  retired member who is reemployed within 1 calendar month after
   82  retirement shall void his or her application for retirement
   83  benefits. District school boards reemploying such teachers,
   84  education paraprofessionals, transportation assistants, bus
   85  drivers, or food service workers are subject to the retirement
   86  contribution required by subparagraph 7.
   87         2.4. A community college board of trustees may reemploy a
   88  retired member as an adjunct instructor, that is, an instructor
   89  who is noncontractual and part-time, or as a participant in a
   90  phased retirement program within the Florida Community College
   91  System, after he or she has been retired for 1 calendar month,
   92  in accordance with s. 121.021(39). Any retired member who is
   93  reemployed within 1 calendar month after retirement voids shall
   94  void his or her application for retirement benefits. Boards of
   95  trustees reemploying such instructors are subject to the
   96  retirement contribution required in subparagraph 7. A retired
   97  member may be reemployed as an adjunct instructor for no more
   98  than 780 hours per year during the first 12 months of
   99  retirement. Any retired member reemployed for more than 780
  100  hours per year must during the first 12 months of retirement
  101  shall give timely notice in writing to the employer and to the
  102  Division of Retirement of the date he or she will exceed the
  103  limitation. The division shall suspend his or her retirement
  104  benefits for the remainder of the year first 12 months of
  105  retirement. Any person employed in violation of this
  106  subparagraph and any employing agency that which knowingly
  107  employs or appoints such person without notifying the division
  108  of Retirement to suspend retirement benefits are shall be
  109  jointly and severally liable for reimbursement to the retirement
  110  trust fund of any benefits paid during the reemployment
  111  limitation period. To avoid liability, the such employing agency
  112  must shall have a written statement from the retiree that he or
  113  she is not retired from a state-administered retirement system.
  114  Any retirement benefits received by a retired member while
  115  reemployed in excess of 780 hours per year must during the first
  116  12 months of retirement shall be repaid to the Florida
  117  Retirement System Trust Fund, and any wages from employment
  118  retirement benefits shall remain suspended until repayment is
  119  made. Any wages suspended Benefits suspended beyond the end of
  120  the retired member's first 12 months of retirement shall be
  121  applied apply toward repayment of benefits received in violation
  122  of the 780-hour reemployment limitation.
  123         3.5. The State University System may reemploy a retired
  124  member as an adjunct faculty member or as a participant in a
  125  phased retirement program within the State University System
  126  after the retired member has been retired for 1 calendar month,
  127  in accordance with s. 121.021(39). Any retired member who is
  128  reemployed within 1 calendar month after retirement voids shall
  129  void his or her application for retirement benefits. The State
  130  University System is subject to the retired contribution
  131  required in subparagraph 7., as appropriate. A retired member
  132  may be reemployed as an adjunct faculty member or a participant
  133  in a phased retirement program for no more than 780 hours per
  134  year during the first 12 months of his or her retirement. Any
  135  retired member reemployed for more than 780 hours per year must
  136  during the first 12 months of retirement shall give timely
  137  notice in writing to the employer and to the Division of
  138  Retirement of the date he or she will exceed the limitation. The
  139  division shall suspend his or her retirement benefits for the
  140  remainder of the year first 12 months of retirement. Any person
  141  employed in violation of this subparagraph and any employing
  142  agency that which knowingly employs or appoints such person
  143  without notifying the division of Retirement to suspend
  144  retirement benefits are shall be jointly and severally liable
  145  for reimbursement to the retirement trust fund of any benefits
  146  paid during the reemployment limitation period. To avoid
  147  liability, such employing agency must shall have a written
  148  statement from the retiree that he or she is not retired from a
  149  state-administered retirement system. Any retirement benefits
  150  received by a retired member while reemployed in excess of 780
  151  hours per year must during the first 12 months of retirement
  152  shall be repaid to the Florida Retirement System Trust Fund, and
  153  any wages from employment retirement benefits shall remain
  154  suspended until repayment is made. Any wages Benefits suspended
  155  beyond the end of the retired member's first 12 months of
  156  retirement shall be applied apply toward repayment of benefits
  157  received in violation of the 780-hour reemployment limitation.
  158         4.6. The Board of Trustees of the Florida School for the
  159  Deaf and the Blind may reemploy a retired member as a substitute
  160  teacher, substitute residential instructor, or substitute nurse
  161  on a part-time noncontractual basis after he or she has been
  162  retired for 1 calendar month, in accordance with s. 121.021(39).
  163  Any retired member who is reemployed within 1 calendar month
  164  after retirement voids shall void his or her application for
  165  retirement benefits. The Board of Trustees of the Florida School
  166  for the Deaf and the Blind reemploying such teachers,
  167  residential instructors, or nurses is subject to the retirement
  168  contribution required by subparagraph 7. Reemployment of a
  169  retired member as a substitute teacher, substitute residential
  170  instructor, or substitute nurse is limited to 780 hours per year
  171  during the first 12 months of his or her retirement. Any retired
  172  member reemployed for more than 780 hours per year must during
  173  the first 12 months of retirement shall give timely notice in
  174  writing to the employer and to the Division of Retirement of the
  175  date he or she will exceed the limitation. The division shall
  176  suspend his or her retirement benefits for the remainder of the
  177  year first 12 months of retirement. Any person employed in
  178  violation of this subparagraph and any employing agency that
  179  which knowingly employs or appoints such person without
  180  notifying the division of Retirement to suspend retirement
  181  benefits are shall be jointly and severally liable for
  182  reimbursement to the retirement trust fund of any benefits paid
  183  during the reemployment limitation period. To avoid liability,
  184  such employing agency must shall have a written statement from
  185  the retiree that he or she is not retired from a state
  186  administered retirement system. Any retirement benefits received
  187  by a retired member while reemployed in excess of 780 hours per
  188  year must during the first 12 months of retirement shall be
  189  repaid to the Retirement System Trust Fund, and any wages from
  190  employment his or her retirement benefits shall remain suspended
  191  until payment is made. Any wages Benefits suspended beyond the
  192  end of the retired member's first 12 months of retirement shall
  193  be applied apply toward repayment of benefits received in
  194  violation of the 780-hour reemployment limitation.
  195         5.7. The employment by an employer of a any retiree or DROP
  196  participant of a any state-administered retirement system does
  197  not affect shall have no effect on the average final
  198  compensation or years of creditable service of the retiree or
  199  DROP participant. Before Prior to July 1, 1991, upon employment
  200  of any person, other than an elected officer as provided in s.
  201  121.053, who is has been retired under a any state-administered
  202  retirement program, the employer shall pay retirement
  203  contributions in an amount equal to the unfunded actuarial
  204  liability portion of the employer contribution which would be
  205  required for regular members of the Florida Retirement System.
  206  Effective July 1, 2009 1991, contributions shall be made as
  207  provided in s. 121.122 for elected officers retirees with
  208  renewed membership or subsection (13) with respect to DROP
  209  participants.
  210         8.Any person who has previously retired and who is holding
  211  an elective public office or an appointment to an elective
  212  public office eligible for the Elected Officers' Class on or
  213  after July 1, 1990, shall be enrolled in the Florida Retirement
  214  System as provided in s. 121.053(1)(b) or, if holding an
  215  elective public office that does not qualify for the Elected
  216  Officers' Class on or after July 1, 1991, shall be enrolled in
  217  the Florida Retirement System as provided in s. 121.122, and
  218  shall continue to receive retirement benefits as well as
  219  compensation for the elected officer's service for as long as he
  220  or she remains in elective office. However, any retired member
  221  who served in an elective office prior to July 1, 1990,
  222  suspended his or her retirement benefit, and had his or her
  223  Florida Retirement System membership reinstated shall, upon
  224  retirement from such office, have his or her retirement benefit
  225  recalculated to include the additional service and compensation
  226  earned.
  227         9.Any person who is holding an elective public office
  228  which is covered by the Florida Retirement System and who is
  229  concurrently employed in nonelected covered employment may elect
  230  to retire while continuing employment in the elective public
  231  office, provided that he or she shall be required to terminate
  232  his or her nonelected covered employment. Any person who
  233  exercises this election shall receive his or her retirement
  234  benefits in addition to the compensation of the elective office
  235  without regard to the time limitations otherwise provided in
  236  this subsection. No person who seeks to exercise the provisions
  237  of this subparagraph, as the same existed prior to May 3, 1984,
  238  shall be deemed to be retired under those provisions, unless
  239  such person is eligible to retire under the provisions of this
  240  subparagraph, as amended by chapter 84-11, Laws of Florida.
  241         10.The limitations of this paragraph apply to reemployment
  242  in any capacity with an “employer” as defined in s. 121.021(10),
  243  irrespective of the category of funds from which the person is
  244  compensated.
  245         6.11. An employing agency may reemploy a retired member as
  246  a firefighter or paramedic after the retired member has been
  247  retired for 1 calendar month, in accordance with s. 121.021(39).
  248  Any retired member who is reemployed within 1 calendar month
  249  after retirement voids shall void his or her application for
  250  retirement benefits. The employing agency reemploying such
  251  firefighter or paramedic is subject to the retired contribution
  252  required in subparagraph 8. Reemployment of a retired
  253  firefighter or paramedic is limited to no more than 780 hours
  254  per year during the first 12 months of his or her retirement.
  255  Any retired member reemployed for more than 780 hours per year
  256  must during the first 12 months of retirement shall give timely
  257  notice in writing to the employer and to the Division of
  258  Retirement of the date he or she will exceed the limitation. The
  259  division shall suspend his or her retirement benefits for the
  260  remainder of the year first 12 months of retirement. Any person
  261  employed in violation of this subparagraph and any employing
  262  agency that which knowingly employs or appoints such person
  263  without notifying the division of Retirement to suspend
  264  retirement benefits shall be jointly and severally liable for
  265  reimbursement to the Retirement System Trust Fund of any
  266  benefits paid during the reemployment limitation period. To
  267  avoid liability, such employing agency must shall have a written
  268  statement from the retiree that he or she is not retired from a
  269  state-administered retirement system. Any retirement benefits
  270  received by a retired member while reemployed in excess of 780
  271  hours per year must during the first 12 months of retirement
  272  shall be repaid to the Florida Retirement System Trust Fund, and
  273  retirement benefits shall remain suspended until repayment is
  274  made. Any wages suspended shall be applied Benefits suspended
  275  beyond the end of the retired member's first 12 months of
  276  retirement shall apply toward repayment of benefits received in
  277  violation of the 780-hour reemployment limitation.
  278         7.The limitations of this paragraph apply to reemployment
  279  in any capacity with an employer, as defined in s. 121.021,
  280  irrespective of the category of funds from which the person is
  281  compensated.
  282         Section 2. Section 121.122, Florida Statutes, is amended to
  283  read:
  284         121.122 Renewed membership in system.—Except as provided in
  285  s. 121.053, effective July 1, 1991, through July 1, 2009, any
  286  retiree of a state-administered retirement system who is
  287  employed in a regularly established position with a covered
  288  employer shall be enrolled as a compulsory member of the Regular
  289  Class of the Florida Retirement System or, effective July 1,
  290  1997, through July 1, 2009, any retiree of a state-administered
  291  retirement system who is employed in a position included in the
  292  Senior Management Service Class shall be enrolled as a
  293  compulsory member of the Senior Management Service Class of the
  294  Florida Retirement System as provided in s. 121.055, and is
  295  shall be entitled to receive an additional retirement benefit,
  296  subject to the following conditions:
  297         (1)(a) Such member must shall resatisfy the age and service
  298  requirements as provided in this chapter for initial membership
  299  under the system, unless such member elects to participate in
  300  the Senior Management Service Optional Annuity Program in lieu
  301  of the Senior Management Service Class, as provided in s.
  302  121.055(6).
  303         (b) Such member is shall not be entitled to disability
  304  benefits as provided in s. 121.091(4).
  305         (c) Such member must meet the reemployment after retirement
  306  limitations as provided in s. 121.091(9), as applicable.
  307         (2) Upon renewed membership, the employer of such member
  308  shall pay the applicable employer contributions as required by
  309  ss. 121.055(3) and 121.071(1)(a) and (4).
  310         (3) Such member is shall be entitled to purchase additional
  311  retirement credit in the Regular Class or the Senior Management
  312  Service Class, as applicable, for any postretirement service
  313  performed in a regularly established position as follows:
  314         (a) For regular class service prior to July 1, 1991, by
  315  paying the Regular Class applicable employee and employer
  316  contributions for the period being claimed, plus 4 percent
  317  interest compounded annually from first year of service claimed
  318  until July 1, 1975, and 6.5 percent interest compounded
  319  thereafter, until full payment is made to the Florida Retirement
  320  System Trust Fund; or
  321         (b) For Senior Management Service Class prior to June 1,
  322  1997, as provided in s. 121.055(1)(j).
  323  The contribution for postretirement service between July 1,
  324  1985, and July 1, 1991, for which the reemployed retiree
  325  contribution was paid, is shall be the difference between such
  326  contribution and the total applicable contribution for the
  327  period being claimed, plus interest. The employer of such member
  328  may pay the applicable employer contribution in lieu of the
  329  member. If a member does not wish to claim credit for all of the
  330  postretirement service for which he or she is eligible, the
  331  service the member claims must be the most recent service.
  332         (4) No Creditable service for which credit was received, or
  333  which remained unclaimed, at retirement may not be claimed or
  334  applied toward service credit earned following renewed
  335  membership. However, service earned as an elected officer with
  336  renewed membership in the Elected Officers' Class may be used in
  337  conjunction with creditable service earned under this section,
  338  provided the applicable vesting requirements and other existing
  339  statutory conditions required by this chapter are met.
  340         (5) Notwithstanding any other limitations provided in this
  341  section, a participant of the State University System Optional
  342  Retirement Program or the Senior Management Service Optional
  343  Annuity Program who terminated employment and commenced
  344  receiving an annuity under the provisions of the optional
  345  program, who renews membership in the Regular Class as required
  346  by this section upon reemployment after retirement, and who,
  347  before July 1, 2009, had previously earned creditable Florida
  348  Retirement System service that was not included in any
  349  retirement benefit may include such previous service toward
  350  vesting and service credit in the second career benefit provided
  351  under renewed membership.
  352         (6) Any renewed member who is not receiving the maximum
  353  health insurance subsidy provided in s. 112.363 shall be
  354  entitled to earn additional credit toward the maximum health
  355  insurance subsidy. Any additional subsidy due because of such
  356  additional credit shall be received only at the time of payment
  357  of the second career retirement benefit. In no case shall the
  358  total health insurance subsidy received by a retiree receiving
  359  benefits from initial and renewed membership exceed the maximum
  360  allowed in s. 112.363.
  361         (7)Except for a retired member who renewed before July 1,
  362  2009, on or after that date a retiree of the state-administered
  363  retirement system may not be enrolled in the Florida Retirement
  364  System.
  365         Section 3. This act shall take effect July 1, 2009.