Florida Senate - 2009                                    SB 1214
       
       
       
       By Senator Fasano
       
       
       
       
       11-00670A-09                                          20091214__
    1                        A bill to be entitled                      
    2         An act relating to state retirement; amending s.
    3         121.053, F.S.; deleting a provision that allows a
    4         retired member of the Elected Officers' Class to
    5         receive retirement benefits while receiving
    6         compensation for elected officer service; amending s.
    7         121.091, F.S.; prohibiting an elected officer from
    8         receiving both a salary from an employer in the state
    9         administered retirement system and retirement
   10         benefits; 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 (1) and subsections
   15  (2) and (3) of section 121.053, Florida Statutes, are amended to
   16  read:
   17         121.053 Participation in the Elected Officers' Class for
   18  retired members.—
   19         (1)
   20         (b) Any retired member of the Florida Retirement System, or
   21  any existing system as defined in s. 121.021(2), who, on or
   22  after July 1, 1990, is serving in, or is elected or appointed
   23  to, an elective office covered by the Elected Officers' Class
   24  shall be enrolled in the appropriate subclass of the Elected
   25  Officers' Class of the Florida Retirement System, and applicable
   26  contributions shall be paid into the Florida Retirement System
   27  Trust Fund as provided in s. 121.052(7). Pursuant thereto:
   28         1. Any such retired member shall be eligible to continue to
   29  receive retirement benefits as well as compensation for the
   30  elected officer service for as long as he or she remains in an
   31  elective office covered by the Elected Officers' Class.
   32         1.2. If any such member serves in an elective office
   33  covered by the Elected Officers' Class and becomes vested under
   34  that class, he or she is shall be entitled to receive an
   35  additional retirement benefit for such elected officer service.
   36         2.3. Such member shall be entitled to purchase additional
   37  retirement credit in the Elected Officers' Class for any
   38  postretirement service performed in an elected position eligible
   39  for the Elected Officers' Class before prior to July 1, 1990, or
   40  in the Regular Class for any postretirement service performed in
   41  any other regularly established position before prior to July 1,
   42  1991, by paying the applicable Elected Officers' Class or
   43  Regular Class employee and employer contributions for the period
   44  being claimed, plus 4 percent interest compounded annually from
   45  the first year of service claimed until July 1, 1975, and 6.5
   46  percent interest compounded thereafter, until full payment is
   47  made to the Florida Retirement System Trust Fund. The
   48  contribution for postretirement Regular Class service between
   49  July 1, 1985, and July 1, 1991, for which the reemployed retiree
   50  contribution was paid, is shall be the difference between such
   51  contribution and the total applicable contribution for the
   52  period being claimed, plus interest. The employer of such member
   53  may pay the applicable employer contribution in lieu of the
   54  member. If a member does not wish to claim credit for all of the
   55  postretirement service for which he or she is eligible, the
   56  service the member claims must be the most recent service.
   57         3.4. Creditable service for which credit was received, or
   58  which remained unclaimed, at retirement may not be claimed or
   59  applied toward service credit earned following renewed
   60  membership. However, service earned in accordance with the
   61  renewed membership provisions in s. 121.122 may be used in
   62  conjunction with creditable service earned under this paragraph,
   63  provided applicable vesting requirements and other existing
   64  statutory conditions required by this chapter are met.
   65         4.5. An elected officer who is elected or appointed to an
   66  elective office and is participating in the Deferred Retirement
   67  Option Program is not subject to termination as provided in s.
   68  121.021(39)(b), or reemployment limitations as provided in s.
   69  121.091(9), until the end of his or her current term of office
   70  or, if the officer is consecutively elected or reelected to an
   71  elective office eligible for coverage under the Florida
   72  Retirement System, until he or she no longer holds such an
   73  elective office, as follows:
   74         a. At the end of the 60-month DROP period:
   75         (I) The officer's DROP account shall accrue no additional
   76  monthly benefits, but shall continue to earn interest as
   77  provided in s. 121.091(13).
   78         (II) No Retirement contributions are not shall be required
   79  of the employer of the elected officer and no additional
   80  retirement credit may not shall be earned under the Florida
   81  Retirement System.
   82         b. The Nothing herein shall prevent an elected officer may
   83  from voluntarily terminate terminating his or her elective
   84  office at any time and elect electing to receive his or her DROP
   85  proceeds. However, until termination, the requirements are
   86  fulfilled as provided in s. 121.021(39), any elected officer
   87  whose termination limitations are extended by this section is
   88  shall be ineligible for renewed membership in the system and may
   89  not shall receive no pension payments, DROP lump sum payments,
   90  or any other state payment other than the statutorily determined
   91  salary, travel, and per diem for the elective office.
   92         c. Upon termination, the officer shall receive his or her
   93  accumulated DROP account, plus interest, and shall accrue and
   94  commence receiving monthly retirement benefits, which shall be
   95  paid on a prospective basis only.
   96  However, an officer electing to participate in the Deferred
   97  Retirement Option Program on or before June 30, 2002, is shall
   98  not be required to terminate and remains shall remain subject to
   99  the provisions of this subparagraph as adopted in section 1 of
  100  chapter 2001-235, Laws of Florida.
  101         (2) Upon attaining his or her normal retirement date and
  102  payment of the amount specified in paragraphs (1)(a) and (b),
  103  and upon application to the administrator of the intent to
  104  retire, the member shall receive a monthly benefit under this
  105  section, in addition to any benefits already being received,
  106  which shall commence on the last day of the month of retirement
  107  and be payable on the last day of the month thereafter during
  108  his or her lifetime. The amount of such monthly benefit is shall
  109  be the total percentage of retirement credit purchased under
  110  this section multiplied by the member's average monthly
  111  compensation as an elected officer, adjusted according to the
  112  option selected at retirement under s. 121.091(6).
  113         (3) Any renewed member, as described in subsection (1), who
  114  is not receiving the maximum health insurance subsidy provided
  115  in s. 112.363 is shall be entitled to earn additional credit
  116  toward the maximum health insurance subsidy. Any additional
  117  subsidy due because of such additional credit shall be received
  118  only at the time of payment of the second career retirement
  119  benefit. In no case shall The total health insurance subsidy
  120  received by a retiree receiving benefits may not from initial
  121  and renewed membership exceed the maximum allowed in s. 112.363.
  122         Section 2. Paragraphs (a) and (b) of subsection (9) of
  123  section 121.091, Florida Statutes, are amended to read:
  124         121.091 Benefits payable under the system.—Benefits may not
  125  be paid under this section unless the member has terminated
  126  employment as provided in s. 121.021(39)(a) or begun
  127  participation in the Deferred Retirement Option Program as
  128  provided in subsection (13), and a proper application has been
  129  filed in the manner prescribed by the department. The department
  130  may cancel an application for retirement benefits when the
  131  member or beneficiary fails to timely provide the information
  132  and documents required by this chapter and the department's
  133  rules. The department shall adopt rules establishing procedures
  134  for application for retirement benefits and for the cancellation
  135  of such application when the required information or documents
  136  are not received.
  137         (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—
  138         (a) Any person who is retired under this chapter, except
  139  under the disability retirement provisions of subsection (4),
  140  may be employed by an employer that does not participate in a
  141  state-administered retirement system and may receive
  142  compensation from that employment without limiting or
  143  restricting in any way the retirement benefits payable to that
  144  person under this chapter.
  145         (b)1. Any person who is retired under this chapter, except
  146  under the disability retirement provisions of subsection (4),
  147  may be reemployed by an employer participating in the Florida
  148  Retirement System any private or public employer after
  149  retirement and receive retirement benefits and compensation from
  150  his or her employer without any limitations, except that the a
  151  person may not receive both a salary from reemployment with any
  152  agency participating in the Florida Retirement System and
  153  retirement benefits under this chapter for a period of 12 months
  154  immediately after subsequent to the date of retirement. However,
  155  a DROP participant may shall continue employment and receive a
  156  salary during the period of participation in DROP the Deferred
  157  Retirement Option Program, as provided in subsection (13).
  158         2. Any person to whom the limitation in subparagraph 1.
  159  applies who violates such reemployment limitation and who is
  160  reemployed with any agency participating in the Florida
  161  Retirement System after he or she has been retired for 1
  162  calendar month but before completion of the 12-month limitation
  163  period must shall give timely notice of this fact in writing to
  164  the employer and to the Division of Retirement and shall have
  165  his or her retirement benefits suspended while employed during
  166  for the balance of the 12-month limitation period. Any person
  167  employed in violation of this paragraph and any employing agency
  168  that which knowingly employs or appoints such person without
  169  notifying the division of Retirement to suspend retirement
  170  benefits are shall be jointly and severally liable for
  171  reimbursement to the retirement trust fund of any benefits paid
  172  during the reemployment limitation period. To avoid liability,
  173  the such employing agency must shall have a written statement
  174  from the retiree that he or she is not retired from a state
  175  administered retirement system. Any retirement benefits received
  176  while reemployed during this reemployment limitation period must
  177  shall be repaid to the Florida Retirement System Trust Fund, and
  178  retirement benefits shall remain suspended until such repayment
  179  has been made. Benefits suspended beyond the reemployment
  180  limitation shall apply toward repayment of benefits received in
  181  violation of the reemployment limitation.
  182         3. A district school board may reemploy a retired member as
  183  a substitute or hourly teacher, education paraprofessional,
  184  transportation assistant, bus driver, or food service worker on
  185  a noncontractual basis after he or she has been retired for 1
  186  calendar month, in accordance with s. 121.021(39). A district
  187  school board may reemploy a retired member as instructional
  188  personnel, as defined in s. 1012.01(2)(a), on an annual
  189  contractual basis after he or she has been retired for 1
  190  calendar month, in accordance with s. 121.021(39). Any other
  191  retired member who is reemployed within 1 calendar month after
  192  retirement voids shall void his or her application for
  193  retirement benefits. District school boards reemploying such
  194  teachers, education paraprofessionals, transportation
  195  assistants, bus drivers, or food service workers are subject to
  196  the retirement contribution required by subparagraph 9. 7.
  197         4. A community college board of trustees may reemploy a
  198  retired member as an adjunct instructor, that is, an instructor
  199  who is noncontractual and part-time, or as a participant in a
  200  phased retirement program within the Florida Community College
  201  System, after he or she has been retired for 1 calendar month,
  202  in accordance with s. 121.021(39). Any retired member who is
  203  reemployed within 1 calendar month after retirement voids shall
  204  void his or her application for retirement benefits. Boards of
  205  trustees reemploying such instructors are subject to the
  206  retirement contribution required in subparagraph 7. A retired
  207  member may be reemployed as an adjunct instructor for no more
  208  than 780 hours during the first 12 months of retirement. Any
  209  retired member reemployed for more than 780 hours during the
  210  first 12 months of retirement must shall give timely notice in
  211  writing to the employer and to the Division of Retirement of the
  212  date he or she will exceed the limitation. The division shall
  213  suspend his or her retirement benefits for the remainder of the
  214  first 12 months of retirement. Any person employed in violation
  215  of this subparagraph and any employing agency that which
  216  knowingly employs or appoints such person without notifying the
  217  division of Retirement to suspend retirement benefits are shall
  218  be jointly and severally liable for reimbursement to the
  219  retirement trust fund of any benefits paid during the
  220  reemployment limitation period. To avoid liability, the such
  221  employing agency must shall have a written statement from the
  222  retiree that he or she is not retired from a state-administered
  223  retirement system. Any retirement benefits received by a retired
  224  member while reemployed in excess of 780 hours during the first
  225  12 months of retirement must shall be repaid to the Florida
  226  Retirement System Trust Fund, and retirement benefits shall
  227  remain suspended until repayment is made. Benefits suspended
  228  beyond the end of the retired member's first 12 months of
  229  retirement shall apply toward repayment of benefits received in
  230  violation of the 780-hour reemployment limitation.
  231         5. The State University System may reemploy a retired
  232  member as an adjunct faculty member or as a participant in a
  233  phased retirement program within the State University System
  234  after the retired member has been retired for 1 calendar month,
  235  in accordance with s. 121.021(39). A Any retired member who is
  236  reemployed within 1 calendar month after retirement voids shall
  237  void his or her application for retirement benefits. The State
  238  University System is subject to the retired contribution
  239  required in subparagraph 9. 7., as appropriate. A retired member
  240  may be reemployed as an adjunct faculty member or a participant
  241  in a phased retirement program for no more than 780 hours during
  242  the first 12 months of his or her retirement. Any retired member
  243  reemployed for more than 780 hours during the first 12 months of
  244  retirement must shall give timely notice in writing to the
  245  employer and to the Division of Retirement of the date he or she
  246  will exceed the limitation. The division shall suspend his or
  247  her retirement benefits for the remainder of the first 12 months
  248  of retirement. Any person employed in violation of this
  249  subparagraph and any employing agency that which knowingly
  250  employs or appoints such person without notifying the division
  251  of Retirement to suspend retirement benefits are shall be
  252  jointly and severally liable for reimbursement to the retirement
  253  trust fund of any benefits paid during the reemployment
  254  limitation period. To avoid liability, such employing agency
  255  must shall have a written statement from the retiree that he or
  256  she is not retired from a state-administered retirement system.
  257  Any retirement benefits received by a retired member while
  258  reemployed in excess of 780 hours during the first 12 months of
  259  retirement must shall be repaid to the Florida Retirement System
  260  Trust Fund, and retirement benefits shall remain suspended until
  261  repayment is made. Benefits suspended beyond the end of the
  262  retired member's first 12 months of retirement shall apply
  263  toward repayment of benefits received in violation of the 780
  264  hour reemployment limitation.
  265         6. The Board of Trustees of the Florida School for the Deaf
  266  and the Blind may reemploy a retired member as a substitute
  267  teacher, substitute residential instructor, or substitute nurse
  268  on a noncontractual basis after he or she has been retired for 1
  269  calendar month, in accordance with s. 121.021(39). Any retired
  270  member who is reemployed within 1 calendar month after
  271  retirement voids shall void his or her application for
  272  retirement benefits. The Board of Trustees of the Florida School
  273  for the Deaf and the Blind reemploying such teachers,
  274  residential instructors, or nurses is subject to the retirement
  275  contribution required by subparagraph 7. Reemployment of a
  276  retired member as a substitute teacher, substitute residential
  277  instructor, or substitute nurse is limited to 780 hours during
  278  the first 12 months of his or her retirement. Any retired member
  279  reemployed for more than 780 hours during the first 12 months of
  280  retirement shall give timely notice in writing to the employer
  281  and to the division of the date he or she will exceed the
  282  limitation. The division shall suspend his or her retirement
  283  benefits for the remainder of the first 12 months of retirement.
  284  Any person employed in violation of this subparagraph and any
  285  employing agency which knowingly employs or appoints such person
  286  without notifying the Division of Retirement to suspend
  287  retirement benefits shall be jointly and severally liable for
  288  reimbursement to the retirement trust fund of any benefits paid
  289  during the reemployment limitation period. To avoid liability,
  290  such employing agency shall have a written statement from the
  291  retiree that he or she is not retired from a state-administered
  292  retirement system. Any retirement benefits received by a retired
  293  member while reemployed in excess of 780 hours during the first
  294  12 months of retirement shall be repaid to the Retirement System
  295  Trust Fund, and his or her retirement benefits shall remain
  296  suspended until payment is made. Benefits suspended beyond the
  297  end of the retired member's first 12 months of retirement shall
  298  apply toward repayment of benefits received in violation of the
  299  780-hour reemployment limitation.
  300         7. The employment by an employer of a any retiree or DROP
  301  participant of a any state-administered retirement system does
  302  not affect shall have no effect on the average final
  303  compensation or years of creditable service of the retiree or
  304  DROP participant. Before Prior to July 1, 1991, upon employment
  305  of any person, other than an elected officer as provided in s.
  306  121.053, who is has been retired under a any state-administered
  307  retirement program, the employer shall pay retirement
  308  contributions in an amount equal to the unfunded actuarial
  309  liability portion of the employer contribution which would be
  310  required for regular members of the Florida Retirement System.
  311  Effective July 1, 2009 1991, contributions shall be made as
  312  provided in s. 121.122 for elected officers retirees with
  313  renewed membership or subsection (13) with respect to DROP
  314  participants.
  315         8. Any person who has previously retired from a nonelective
  316  position and who is now holding an elective public office or an
  317  appointment to an elective public office eligible for the
  318  Elected Officers' Class on or after July 1, 1990, or who has
  319  retired from a position eligible for the Elected Officers' Class
  320  and is now employed in a nonelective position or reappointed to
  321  an elective office, shall be enrolled in the Florida Retirement
  322  System as provided in s. 121.053(1)(b) or, if holding an
  323  elective public office that does not qualify for the Elected
  324  Officers' Class on or after July 1, 1991, shall be enrolled in
  325  the Florida Retirement System as provided in s. 121.122, and
  326  shall continue to receive retirement benefits as well as
  327  compensation for the elected officer's service for as long as he
  328  or she remains in elective office. However, his or her
  329  retirement benefits shall be suspended while holding office,
  330  shall be recalculated any retired member who served in an
  331  elective office prior to July 1, 1990, suspended his or her
  332  retirement benefit, and had his or her Florida Retirement System
  333  membership reinstated shall, upon retirement from such office,
  334  have his or her retirement benefit recalculated to include the
  335  additional service and compensation earned, and shall be
  336  reinstated upon retirement from such office. This restriction
  337  applies to successive terminations and resumptions of
  338  employment, regardless of retirement class.
  339         9.Any person who is holding an elective public office
  340  which is covered by the Florida Retirement System and who is
  341  concurrently employed in nonelected covered employment may elect
  342  to retire while continuing employment in the elective public
  343  office, provided that he or she shall be required to terminate
  344  his or her nonelected covered employment. Any person who
  345  exercises this election shall receive his or her retirement
  346  benefits in addition to the compensation of the elective office
  347  without regard to the time limitations otherwise provided in
  348  this subsection. No person who seeks to exercise the provisions
  349  of this subparagraph, as the same existed prior to May 3, 1984,
  350  shall be deemed to be retired under those provisions, unless
  351  such person is eligible to retire under the provisions of this
  352  subparagraph, as amended by chapter 84-11, Laws of Florida.
  353         10. The limitations of this paragraph apply to reemployment
  354  in any capacity with an “employer” as defined in s. 121.021(10),
  355  irrespective of the category of funds from which the person is
  356  compensated.
  357         9.11. An employing agency may reemploy a retired member as
  358  a firefighter or paramedic after the retired member has been
  359  retired for 1 calendar month, in accordance with s. 121.021(39).
  360  Any retired member who is reemployed within 1 calendar month
  361  after retirement voids shall void his or her application for
  362  retirement benefits. The employing agency reemploying such
  363  firefighter or paramedic is subject to the retired contribution
  364  required in subparagraph 7. 8. Reemployment of a retired
  365  firefighter or paramedic is limited to no more than 780 hours
  366  during the first 12 months of his or her retirement. Any retired
  367  member reemployed for more than 780 hours during the first 12
  368  months of retirement must shall give timely notice in writing to
  369  the employer and to the Division of Retirement of the date he or
  370  she will exceed the limitation. The division shall suspend his
  371  or her retirement benefits for the remainder of the first 12
  372  months of retirement. Any person employed in violation of this
  373  subparagraph and any employing agency that which knowingly
  374  employs or appoints such person without notifying the division
  375  of Retirement to suspend retirement benefits shall be jointly
  376  and severally liable for reimbursement to the Retirement System
  377  Trust Fund of any benefits paid during the reemployment
  378  limitation period. To avoid liability, such employing agency
  379  must shall have a written statement from the retiree that he or
  380  she is not retired from a state-administered retirement system.
  381  Any retirement benefits received by a retired member while
  382  reemployed in excess of 780 hours during the first 12 months of
  383  retirement must shall be repaid to the Florida Retirement System
  384  Trust Fund, and retirement benefits shall remain suspended until
  385  repayment is made. Benefits suspended beyond the end of the
  386  retired member's first 12 months of retirement shall apply
  387  toward repayment of benefits received in violation of the 780
  388  hour reemployment limitation.
  389         10.The limitations of this paragraph apply to reemployment
  390  in any capacity with an employer, as defined in s. 121.021,
  391  irrespective of the category of funds from which the person is
  392  compensated.
  393         Section 3. This act shall take effect July 1, 2009.