Florida Senate - 2009                                    SB 1852
       
       
       
       By the Committee on Governmental Oversight and Accountability
       
       
       
       
       585-02110-09                                          20091852__
    1                        A bill to be entitled                      
    2         An act relating to the Florida Retirement System;
    3         amending s. 121.021, F.S.; redefining the terms
    4         “employer,” “officer or employee,” “past service,”
    5         “normal retirement date,” “regularly established
    6         position,” and “temporary position”; defining the
    7         terms “state board” and “trustees”; amending s.
    8         121.031, F.S.; requiring promotional materials that
    9         refer to the Florida Retirement System to include a
   10         disclaimer unless approval is obtained from the
   11         Department of Management Services; amending s.
   12         121.051, F.S.; conforming a cross-reference; revising
   13         provisions relating to participation in the system;
   14         excluding the participation of entities under a lease
   15         agreement; amending s. 121.052, F.S.; revising the
   16         dates a governing body of a municipality or special
   17         district may elect to designate its elected positions
   18         for inclusion in the Elected Officers' Class; amending
   19         s. 121.071, F.S.; expanding the mechanisms for
   20         employees to pay contributions to the system; amending
   21         s. 121.081, F.S.; revising provisions relating to
   22         receiving credit for past or prior service;
   23         prohibiting a member from receiving credit for service
   24         covered and reported by both a public employer and a
   25         private employer; amending s. 121.091, F.S.; revising
   26         provisions relating to retirement benefits; deleting a
   27         restriction on the reemployment of certain personnel
   28         by the Florida School for the Deaf and the Blind;
   29         extending the period of time that instructional
   30         personnel employed by a developmental research school
   31         may participate in the Deferred Retirement Option
   32         Program; clarifying that DROP participation may not be
   33         cancelled; providing for the suspension of DROP
   34         benefits to a participant who is reemployed; deleting
   35         obsolete provisions; authorizing the Division of
   36         Retirement to issue benefits pursuant to a qualified
   37         domestic relations order directly to the alternate
   38         payee; amending s. 121.1115, F.S.; revising provisions
   39         relating to receiving retirement credit for out-of
   40         state service; providing that a member is not eligible
   41         for and may not receive a benefit based on that
   42         service; amending s. 121.1122, F.S.; revising
   43         provisions relating to receiving retirement credit for
   44         in-state service; providing that a member may not be
   45         eligible for or receiving a benefit based on service;
   46         amending s. 121.136, F.S.; revising provisions
   47         relating to the annual statement of benefits provided
   48         to certain active members of the Florida Retirement
   49         System; amending s. 121.1905, F.S.; deleting
   50         provisions describing the mission of the Division of
   51         Retirement; amending s. 121.23, F.S.; requiring the
   52         State Retirement Commission to meet the same
   53         requirements used by the Secretary of Management
   54         Services before approving a disability retirement
   55         benefit; amending s. 121.24, F.S.; requiring a quorum
   56         of three members for all appeal hearings held by the
   57         State Retirement Commission; amending s. 1012.33,
   58         F.S.; deleting the provision preventing persons who
   59         have retired from the public school system from
   60         renewing membership in the Florida Retirement System
   61         upon reemployment by the school system; repealing s.
   62         121.093, F.S., relating to instructional personnel
   63         reemployment after retirement from a developmental
   64         research school or the Florida School for the Deaf and
   65         the Blind; repealing s. 121.094, F.S., relating to
   66         instructional personnel reemployment after retirement
   67         from a charter school; repealing s. 121.45, F.S.,
   68         relating to interstate compacts relating to pension
   69         portability; providing a declaration of important
   70         state interest; providing an effective date.
   71         
   72  Be It Enacted by the Legislature of the State of Florida:
   73         
   74         Section 1. Subsections (10), (11), (18), (29), (52), and
   75  (53) of section 121.021, Florida Statutes, are amended, and
   76  subsections (63) and (64) are added to that section, to read:
   77         121.021 Definitions.—The following words and phrases as
   78  used in this chapter have the respective meanings set forth
   79  unless a different meaning is plainly required by the context:
   80         (10) “Employer” means any agency, branch, department,
   81  institution, university, institution of higher education, or
   82  board of the state, or any county agency, branch, department,
   83  board, district school board, or special district of the state,
   84  or any city of the state which participates in the system for
   85  the benefit of certain of its employees, or a charter school or
   86  charter technical career center that participates as provided in
   87  s. 121.051(2)(d). Employers are not agents of the department,
   88  the state board, or the Division of Retirement, and the
   89  department, the state board, and the division are not
   90  responsible for erroneous information provided by
   91  representatives of employers.
   92         (11) “Officer or employee” means any person receiving
   93  salary payments for work performed in a regularly established
   94  position and, if employed by a city, a metropolitan planning
   95  organization, or a special district, employed in a covered
   96  group. The term does not apply to state employees covered by a
   97  leasing agreement under s. 110.191, other public employees
   98  covered by a leasing agreement, or to a co-employer
   99  relationship.
  100         (18) “Past service” of any member, as provided in s.
  101  121.081(1), means the number of years and complete months and
  102  any fractional part of a month, recognized and credited by an
  103  employer and approved by the administrator, during which the
  104  member was in the active employ of a governmental an employer
  105  and for which the employee is not entitled to a benefit before
  106  prior to his or her date of participation.
  107         (29) “Normal retirement date” means the first day of any
  108  month following the date a member attains normal retirement age
  109  and is vested, which is determined as follows one of the
  110  following statuses:
  111         (a) If a Regular Class member, the member:
  112         1. The first day of the month the member completes 6 or
  113  more years of creditable service and attains age 62; or
  114         2. The first day of the month following the date the member
  115  completes 30 years of creditable service, regardless of age,
  116  which may include a maximum of 4 years of military service
  117  credit as long as such credit is not claimed under any other
  118  system.
  119         (b) If a Special Risk Class member, the member:
  120         1. The first day of the month the member completes 6 or
  121  more years of creditable service in the Special Risk Class and
  122  attains age 55;
  123         2. The first day of the month following the date the member
  124  completes 25 years of creditable service in the Special Risk
  125  Class, regardless of age; or
  126         3. The first day of the month following the date the member
  127  completes 25 years of creditable service and attains age 52,
  128  which service may include a maximum of 4 years of military
  129  service credit as long as such credit is not claimed under any
  130  other system and the remaining years are in the Special Risk
  131  Class.
  132         (c) If a Senior Management Service Class member, the
  133  member:
  134         1. The first day of the month the member completes 6 years
  135  of creditable service in the Senior Management Service Class and
  136  attains age 62; or
  137         2. The first day of the month following the date the member
  138  completes 30 years of any creditable service, regardless of age,
  139  which may include a maximum of 4 years of military service
  140  credit as long as such credit is not claimed under any other
  141  system.
  142         (d) If an Elected Officers' Class member, the member:
  143         1. The first day of the month the member completes 6 years
  144  of creditable service in the Elected Officers' Class and attains
  145  age 62; or
  146         2. The first day of the month following the date the member
  147  completes 30 years of any creditable service, regardless of age,
  148  which may include a maximum of 4 years of military service
  149  credit as long as such credit is not claimed under any other
  150  system.
  151  “Normal retirement age” is attained on the “normal retirement
  152  date.”
  153         (52) “Regularly established position” is defined as
  154  follows:
  155         (a) With respect to employment for In a state employer
  156  agency, the term means a position that which is authorized and
  157  established pursuant to law and is compensated from a salaries
  158  appropriation pursuant to s. 216.011(1)(dd), or an established
  159  position which is authorized pursuant to s. 216.262(1)(a) and
  160  (b) and is compensated from a salaries account as provided by
  161  rule.
  162         (b) With respect to employment for In a local employer
  163  agency (district school board, county agency, community college,
  164  city, metropolitan planning organization, or special district),
  165  the term means a regularly established position that which will
  166  be in existence for a period beyond 6 consecutive months, except
  167  as provided by rule.
  168         (53) “Temporary position” is defined as follows:
  169         (a) With respect to employment for In a state employer
  170  agency, the term means an employment position that which is
  171  compensated from an other personal services (OPS) account, as
  172  provided for in s. 216.011(1)(dd).
  173         (b) With respect to employment for In a local employer
  174  agency, the term means an employment position that which will
  175  exist for less than 6 consecutive months, or other employment
  176  position as determined by rule of the division, regardless of
  177  whether it will exist for 6 consecutive months or longer.
  178         (63)“State board” or “board” means the State Board of
  179  Administration.
  180         (64)“Trustees” means the Board of Trustees of the State
  181  Board of Administration.
  182         Section 2. Subsection (6) is added to section 121.031,
  183  Florida Statutes, to read:
  184         121.031 Administration of system; appropriation; oaths;
  185  actuarial studies; public records.—
  186         (6)Unless prior written approval is obtained from the
  187  department or state board, any promotional materials or
  188  advertisements that, directly or indirectly, refer to the
  189  Florida Retirement System or the FRS, must contain a disclaimer
  190  that the information is not approved or endorsed by the Florida
  191  Retirement System.
  192         Section 3. Paragraph (a) of subsection (1) and paragraph
  193  (f) of subsection (2) of section 121.051, Florida Statutes, are
  194  amended to read:
  195         121.051 Participation in the system.—
  196         (1) COMPULSORY PARTICIPATION.—
  197         (a) The provisions of this law are shall be compulsory as
  198  to all officers and employees, except elected officers who meet
  199  the requirements of s. 121.052(3), who are employed on or after
  200  December 1, 1970, by of an employer other than those referred to
  201  in paragraph (2)(b), and each officer or employee, as a
  202  condition of employment, becomes shall become a member of the
  203  system as of his or her date of employment, except that a person
  204  who is retired from any state retirement system and is
  205  reemployed on or after December 1, 1970, may not renew his or
  206  her membership in any state retirement system except as provided
  207  in s. 121.091(4)(h) for a person who recovers from disability,
  208  and as provided in s. 121.091(9)(b)10. s. 121.091(9)(b)8. for a
  209  person who is elected to public office, and, effective July 1,
  210  1991, as provided in s. 121.122 for all other retirees. Officers
  211  and employees of the University Athletic Association, Inc., a
  212  nonprofit association connected with the University of Florida,
  213  employed on and after July 1, 1979, may shall not participate in
  214  any state-supported retirement system.
  215         1. Any person appointed on or after July 1, 1989, to a
  216  faculty position in a college at the J. Hillis Miller Health
  217  Center at the University of Florida or the Medical Center at the
  218  University of South Florida which has a faculty practice plan
  219  adopted provided by rule adopted by the Board of Regents may not
  220  participate in the Florida Retirement System. Effective July 1,
  221  2008, any person appointed thereafter to a faculty position,
  222  including clinical faculty, in a college at a state university
  223  that has a faculty practice plan authorized by the Board of
  224  Governors may not participate in the Florida Retirement System.
  225  A faculty member so appointed shall participate in the optional
  226  retirement program for the State University System
  227  notwithstanding the provisions of s. 121.35(2)(a).
  228         2. For purposes of this paragraph, the term “faculty
  229  position” is defined as a position assigned the principal
  230  responsibility of teaching, research, or public service
  231  activities or administrative responsibility directly related to
  232  the academic mission of the college. The term “clinical faculty”
  233  is defined as a faculty position appointment in conjunction with
  234  a professional position in a hospital or other clinical
  235  environment at a college. The term “faculty practice plan”
  236  includes professional services to patients, institutions, or
  237  other parties which are rendered by the clinical faculty
  238  employed by a college that has a faculty practice plan at a
  239  state university authorized by the Board of Governors.
  240         (2) OPTIONAL PARTICIPATION.—
  241         (f)1. If Whenever an employer that participates in the
  242  Florida Retirement System undertakes the transfer, merger, or
  243  consolidation of governmental services or assumes the functions
  244  or activities of an employing governmental entity that was not
  245  an employer under the system, the employer must notify the
  246  department at least 60 days before prior to such action and
  247  shall provide documentation as required by the department. The
  248  transfer, merger, or consolidation of governmental services or
  249  assumption of governmental functions and activities must occur
  250  between public employers. The current or former employer may pay
  251  the employees' past service cost unless prohibited under this
  252  chapter. This paragraph does not apply to the transfer, merger,
  253  or consolidation of governmental services or assumption of
  254  functions and activities of a public entity under a leasing
  255  agreement having a co-employer relationship. Employers and
  256  employees of a public governmental employer whose service is
  257  covered by a leasing agreement under s. 110.191, other leasing
  258  agreement, or a co-employer relationship are not eligible to
  259  participate in the Florida Retirement System.
  260         2. If When the agency to which a member's employing unit is
  261  transferred, merged, or consolidated does not participate in the
  262  Florida Retirement System, a member may shall elect in writing
  263  to remain in the Florida Retirement System or to transfer to the
  264  local retirement system operated by the such agency. If such
  265  agency does not participate in a local retirement system, the
  266  member shall continue membership in the Florida Retirement
  267  System. In either case, the membership continues shall continue
  268  for as long as the member is employed by the agency to which his
  269  or her unit was transferred, merged, or consolidated.
  270         Section 4. Paragraph (e) of subsection (3) of section
  271  121.052, Florida Statutes, is amended to read:
  272         121.052 Membership class of elected officers.—
  273         (3) PARTICIPATION AND WITHDRAWAL, GENERALLY.—Effective July
  274  1, 1990, participation in the Elected Officers' Class shall be
  275  compulsory for elected officers listed in paragraphs (2)(a)-(d)
  276  and (f) assuming office on or after said date, unless the
  277  elected officer elects membership in another class or withdraws
  278  from the Florida Retirement System as provided in paragraphs
  279  (3)(a)-(d):
  280         (e) Effective July 1, 2009 July 1, 2001, the governing body
  281  of a municipality or special district may, by majority vote,
  282  elect to designate all its elected positions for inclusion in
  283  the Elected Officers' Class. Such election shall be made between
  284  July 1, 2009, and December 31, 2009 July 1, 2001, and December
  285  31, 2001, and is shall be irrevocable. The designation of such
  286  positions is shall be effective on the first day of the month
  287  following receipt by the department of the ordinance or
  288  resolution passed by the governing body.
  289         Section 5. Paragraph (a) of subsection (6) of section
  290  121.071, Florida Statutes, is amended to read:
  291         121.071 Contributions.—Contributions to the system shall be
  292  made as follows:
  293         (6)(a) Required employee contributions for all service
  294  other than current service, including, but not limited to, prior
  295  service, past service, military service, leave-of-absence
  296  service, out-of-state service, and certain non-Florida
  297  Retirement System in-state service, shall be paid by cash,
  298  personal check, cashier's check, or money order, or a direct
  299  rollover or transfer from a qualified plan as provided under the
  300  Internal Revenue Code. The payment must only; shall be
  301  accompanied by a statement identifying the service for which
  302  payment is made,; and shall be made in a lump sum for the total
  303  amount due or in annual payments of not less than $100, except
  304  for the final payment if less than $100, unless another method
  305  of payment is authorized by law or rule.
  306         Section 6. Paragraphs (f) and (h) of subsection (1) of
  307  section 121.081, Florida Statutes, are amended to read:
  308         121.081 Past service; prior service; contributions.
  309  Conditions under which past service or prior service may be
  310  claimed and credited are:
  311         (1)
  312         (f) If When any person, either prior to this act or
  313  hereafter, becomes entitled to and participates does participate
  314  in one of the retirement systems under consolidated within or
  315  created by this chapter through the consolidation or merger of
  316  governments or the transfer of functions between units of
  317  government, either at the state or local level or between state
  318  and local units, or through the assumption of functions or
  319  activities by a state or local unit from an employing
  320  governmental entity that which was not an employer under the
  321  system, and such person becomes a member of the Florida
  322  Retirement System, such person is shall be entitled to receive
  323  past-service credit as defined in s. 121.021(18) for the time
  324  the such person performed services for, and was an employee of,
  325  such state or local unit or other governmental employing entity
  326  before prior to the transfer, merger, consolidation, or
  327  assumption of functions and activities. Past-service credit
  328  allowed by this paragraph is shall also be available to any
  329  person who becomes a member of an existing system before, as
  330  defined in s. 121.021(2), prior to December 1, 1970, through the
  331  transfer, merger, consolidation, or assumption of functions and
  332  activities set forth in this paragraph and who subsequently
  333  becomes a member of the Florida Retirement System. However,
  334  credit for the past service may not be granted until
  335  contributions are made as in the manner provided in this
  336  subsection. If a person rejected Florida Retirement System
  337  membership at the time of the transfer, merger, or
  338  consolidation, or assumption, the required contributions shall
  339  be at total actuarial cost as specified in paragraph (e). Such
  340  contributions or accrued interest may not be paid from public
  341  any state funds.
  342         (h) The following provisions apply to the purchase of past
  343  service:
  344         1. Notwithstanding any of the provisions of this
  345  subsection, past-service credit may not be purchased under this
  346  chapter for any service that is used to obtain a pension or
  347  benefit from a any local retirement system. Eligibility to
  348  receive or the receipt of contributions to a retirement plan
  349  made by the employer on behalf of the employee is considered a
  350  benefit.
  351         2. A member may not receive past service credit under
  352  paragraphs (a), (b), (e), or (f) for any leaves of absence
  353  without pay, except that credit for active military service
  354  leaves of absence may be claimed under paragraphs (a), (b), and
  355  (f), in accordance with s. 121.111(1).
  356         3.A member may not receive past service credit for co
  357  employer service. Co-employer service or a co-employer
  358  relationship is employment in a single position simultaneously
  359  covered and reported by both a public employer and a private
  360  employer.
  361         4.3. If a member does not want desire to receive credit for
  362  all of his or her past service, the period the member claims
  363  must be the most recent past service before prior to his or her
  364  participation in the Florida Retirement System.
  365         5.4. The cost of past service purchased by an employing
  366  agency for its employees may be amortized over the such period
  367  of time as is provided in the agreement, but not to exceed 15
  368  years, calculated in accordance with rule 60S-1.007(5)(f),
  369  Florida Administrative Code.
  370         6.5. The retirement account of each member for whom past
  371  service is being provided by his or her employer shall be
  372  credited with all past service the employer agrees to purchase
  373  as soon as the agreement between the employer and the department
  374  is executed. Pursuant thereto:
  375         a. Each such member's account shall also be posted with the
  376  total contribution his or her employer agrees to make on in the
  377  member's behalf for past service earned before prior to October
  378  1, 1975, excluding those contributions representing the
  379  employer's matching share and the compound interest calculation
  380  on the total contribution. However, a portion of any
  381  contributions paid by an employer for past service credit earned
  382  on and after October 1, 1975, may not be posted to the a
  383  member's account.
  384         b. A refund of contributions payable after an employer has
  385  made a written agreement to purchase past service for employees
  386  of the covered group includes shall include contributions for
  387  past service which are posted to a member's account. However,
  388  contributions for past service earned on and after October 1,
  389  1975, are not refundable.
  390         Section 7. Paragraph (b) of subsection (9), paragraphs (a),
  391  (b), and (c) of subsection (13), and paragraphs (b), (c), (d),
  392  (e), and (f) of subsection (14) of section 121.091, Florida
  393  Statutes, are amended to read:
  394         121.091 Benefits payable under the system.—Benefits may not
  395  be paid under this section unless the member has terminated
  396  employment as provided in s. 121.021(39)(a) or begun
  397  participation in the Deferred Retirement Option Program as
  398  provided in subsection (13), and a proper application has been
  399  filed in the manner prescribed by the department. The department
  400  may cancel an application for retirement benefits when the
  401  member or beneficiary fails to timely provide the information
  402  and documents required by this chapter and the department's
  403  rules. The department shall adopt rules establishing procedures
  404  for application for retirement benefits and for the cancellation
  405  of such application when the required information or documents
  406  are not received.
  407         (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—
  408         (b)1. Any person who is retired under this chapter, except
  409  under the disability retirement provisions of subsection (4),
  410  may be reemployed by any private or public employer after
  411  retirement and receive retirement benefits and compensation from
  412  the his or her employer without limitation any limitations,
  413  except that the a person may not receive both a salary from
  414  reemployment with any agency participating in the Florida
  415  Retirement System and retirement benefits under this chapter for
  416  a period of 12 months immediately after subsequent to the date
  417  of retirement. However, a DROP participant may shall continue
  418  employment and receive a salary during the period of
  419  participation in DROP the Deferred Retirement Option Program, as
  420  provided in subsection (13).
  421         2. Any person to whom the limitation in subparagraph 1.
  422  applies who violates such reemployment limitation and who is
  423  reemployed with any agency participating in the Florida
  424  Retirement System after he or she has been retired for 1
  425  calendar month but before completion of the 12-month limitation
  426  period must shall give timely notice of this fact in writing to
  427  the employer and to the Division of Retirement and shall have
  428  his or her retirement benefits suspended while employed during
  429  for the balance of the 12-month limitation period unless the
  430  person exceeds the 780-hour limitation in subparagraph 4.,
  431  subparagraph 5., or subparagraph 11. Any person employed in
  432  violation of this paragraph and any employing agency that which
  433  knowingly employs or appoints such person without notifying the
  434  division of Retirement to suspend retirement benefits are shall
  435  be jointly and severally liable for reimbursement to the
  436  retirement trust fund of any benefits paid during the
  437  reemployment limitation period. To avoid liability, the such
  438  employing agency must shall have a written statement from the
  439  retiree that he or she is not retired from a state-administered
  440  retirement system. Any retirement benefits received while
  441  reemployed during this reemployment limitation period must shall
  442  be repaid to the Florida Retirement System Trust Fund, and
  443  retirement benefits shall remain suspended until such repayment
  444  has been made. Benefits suspended beyond the reemployment
  445  limitation shall apply toward repayment of benefits received in
  446  violation of the reemployment limitation.
  447         3. A district school board may reemploy a retired member as
  448  a substitute or hourly teacher, education paraprofessional,
  449  transportation assistant, bus driver, or food service worker on
  450  a noncontractual basis after he or she has been retired for 1
  451  calendar month, in accordance with s. 121.021(39). A district
  452  school board may reemploy a retired member as instructional
  453  personnel, as defined in s. 1012.01(2)(a), on an annual
  454  contractual basis after he or she has been retired for 1
  455  calendar month, in accordance with s. 121.021(39). Any other
  456  retired member who is reemployed within 1 calendar month after
  457  retirement voids shall void his or her application for
  458  retirement benefits. District school boards reemploying such
  459  teachers, education paraprofessionals, transportation
  460  assistants, bus drivers, or food service workers are subject to
  461  the retirement contribution required by subparagraph 9. 7.
  462         4. A community college board of trustees may reemploy a
  463  retired member as an adjunct instructor, that is, an instructor
  464  who is noncontractual and part-time, or as a participant in a
  465  phased retirement program within the Florida Community College
  466  System, after he or she has been retired for 1 calendar month,
  467  in accordance with s. 121.021(39). Any retired member who is
  468  reemployed within 1 calendar month after retirement voids shall
  469  void his or her application for retirement benefits. Boards of
  470  trustees reemploying such instructors are subject to the
  471  retirement contribution required in subparagraph 7. A retired
  472  member may be reemployed as an adjunct instructor for no more
  473  than 780 hours during the first 12 months of retirement. Any
  474  retired member reemployed for more than 780 hours during the
  475  first 12 months of retirement must shall give timely notice in
  476  writing to the employer and to the Division of Retirement of the
  477  date he or she will exceed the limitation. The division shall
  478  suspend his or her retirement benefits for the remainder of the
  479  first 12 months of retirement. Any person employed in violation
  480  of this subparagraph and any employing agency that which
  481  knowingly employs or appoints such person without notifying the
  482  division of Retirement to suspend retirement benefits are shall
  483  be jointly and severally liable for reimbursement to the
  484  retirement trust fund of any benefits paid during the
  485  reemployment limitation period. To avoid liability, the such
  486  employing agency must shall have a written statement from the
  487  retiree that he or she is not retired from a state-administered
  488  retirement system. Any retirement benefits received by a retired
  489  member while reemployed in excess of 780 hours during the first
  490  12 months of retirement must shall be repaid to the Florida
  491  Retirement System Trust Fund, and retirement benefits shall
  492  remain suspended until repayment is made. Benefits suspended
  493  beyond the end of the retired member's first 12 months of
  494  retirement shall apply toward repayment of benefits received in
  495  violation of the 780-hour reemployment limitation.
  496         5. The State University System may reemploy a retired
  497  member as an adjunct faculty member or as a participant in a
  498  phased retirement program within the State University System
  499  after the retired member has been retired for 1 calendar month,
  500  in accordance with s. 121.021(39). A Any retired member who is
  501  reemployed within 1 calendar month after retirement voids shall
  502  void his or her application for retirement benefits. The State
  503  University System is subject to the retired contribution
  504  required in subparagraph 9. 7., as appropriate. A retired member
  505  may be reemployed as an adjunct faculty member or a participant
  506  in a phased retirement program for no more than 780 hours during
  507  the first 12 months of his or her retirement. Any retired member
  508  reemployed for more than 780 hours during the first 12 months of
  509  retirement must shall give timely notice in writing to the
  510  employer and to the Division of Retirement of the date he or she
  511  will exceed the limitation. The division shall suspend his or
  512  her retirement benefits for the remainder of the first 12 months
  513  of retirement. Any person employed in violation of this
  514  subparagraph and any employing agency that which knowingly
  515  employs or appoints such person without notifying the division
  516  of Retirement to suspend retirement benefits are shall be
  517  jointly and severally liable for reimbursement to the retirement
  518  trust fund of any benefits paid during the reemployment
  519  limitation period. To avoid liability, such employing agency
  520  must shall have a written statement from the retiree that he or
  521  she is not retired from a state-administered retirement system.
  522  Any retirement benefits received by a retired member while
  523  reemployed in excess of 780 hours during the first 12 months of
  524  retirement must shall be repaid to the Florida Retirement System
  525  Trust Fund, and retirement benefits shall remain suspended until
  526  repayment is made. Benefits suspended beyond the end of the
  527  retired member's first 12 months of retirement shall apply
  528  toward repayment of benefits received in violation of the 780
  529  hour reemployment limitation.
  530         6. The Board of Trustees of the Florida School for the Deaf
  531  and the Blind may reemploy a retired member as a substitute
  532  teacher, substitute residential instructor, or substitute nurse
  533  on a noncontractual basis after he or she has been retired for 1
  534  calendar month, in accordance with s. 121.021(39). The Board of
  535  Trustees of the Florida School for the Deaf and the Blind may
  536  reemploy a retired member as instructional personnel, as defined
  537  in s. 1012.01(2), on an annual contractual basis after he or she
  538  has been retired for 1 calendar month, in accordance with s.
  539  121.021(39). Any retired member who is reemployed within 1
  540  calendar month after retirement voids shall void his or her
  541  application for retirement benefits. The Board of Trustees of
  542  the Florida School for the Deaf and the Blind reemploying such
  543  teachers, residential instructors, or nurses is subject to the
  544  retirement contribution required by subparagraph 9. 7.
  545  Reemployment of a retired member as a substitute teacher,
  546  substitute residential instructor, or substitute nurse is
  547  limited to 780 hours during the first 12 months of his or her
  548  retirement. Any retired member reemployed for more than 780
  549  hours during the first 12 months of retirement shall give timely
  550  notice in writing to the employer and to the division of the
  551  date he or she will exceed the limitation. The division shall
  552  suspend his or her retirement benefits for the remainder of the
  553  first 12 months of retirement. Any person employed in violation
  554  of this subparagraph and any employing agency which knowingly
  555  employs or appoints such person without notifying the Division
  556  of Retirement to suspend retirement benefits shall be jointly
  557  and severally liable for reimbursement to the retirement trust
  558  fund of any benefits paid during the reemployment limitation
  559  period. To avoid liability, such employing agency shall have a
  560  written statement from the retiree that he or she is not retired
  561  from a state-administered retirement system. Any retirement
  562  benefits received by a retired member while reemployed in excess
  563  of 780 hours during the first 12 months of retirement shall be
  564  repaid to the Retirement System Trust Fund, and his or her
  565  retirement benefits shall remain suspended until payment is
  566  made. Benefits suspended beyond the end of the retired member's
  567  first 12 months of retirement shall apply toward repayment of
  568  benefits received in violation of the 780-hour reemployment
  569  limitation.
  570         7.A developmental research school may reemploy a retired
  571  member as a substitute or hourly teacher or an education
  572  paraprofessional as defined in s. 1012.01(2) on a noncontractual
  573  basis after he or she has been retired for 1 calendar month, in
  574  accordance with s. 121.021(39). A developmental research school
  575  may reemploy a retired member as instructional personnel, as
  576  defined in s. 1012.01(2)(a), on an annual contractual basis
  577  after he or she has been retired for 1 calendar month, in
  578  accordance with s. 121.021(39). Any other retired member who is
  579  reemployed within 1 calendar month after retirement voids his or
  580  her application for retirement benefits. A developmental
  581  research school that reemploys retired teachers and education
  582  paraprofessionals is subject to the retirement contribution
  583  required by subparagraph 9.
  584         8.A charter school may reemploy a retired member as a
  585  substitute or hourly teacher on a noncontractual basis after he
  586  or she has been retired for 1 calendar month, in accordance with
  587  s. 121.021(39). A charter school may reemploy a retired member
  588  as instructional personnel, as defined in s. 1012.01(2)(a), on
  589  an annual contractual basis after he or she has been retired for
  590  1 calendar month, in accordance with s. 121.021(39). Any other
  591  retired member who is reemployed within 1 calendar month after
  592  retirement voids his or her application for retirement benefits.
  593  A charter school that reemploys such teachers is subject to the
  594  retirement contribution required by subparagraph 9.
  595         9.7. The employment by an employer of a any retiree or DROP
  596  participant of a any state-administered retirement system does
  597  not affect shall have no effect on the average final
  598  compensation or years of creditable service of the retiree or
  599  DROP participant. Before Prior to July 1, 1991, upon employment
  600  of any person, other than an elected officer as provided in s.
  601  121.053, who is has been retired under a any state-administered
  602  retirement program, the employer shall pay retirement
  603  contributions in an amount equal to the unfunded actuarial
  604  liability portion of the employer contribution which would be
  605  required for regular members of the Florida Retirement System.
  606  Effective July 1, 1991, contributions shall be made as provided
  607  in s. 121.122 for retirees who have with renewed membership or,
  608  as provided in subsection (13), for with respect to DROP
  609  participants.
  610         10.8. Any person who has previously retired and who is
  611  holding an elective public office or an appointment to an
  612  elective public office eligible for the Elected Officers' Class
  613  on or after July 1, 1990, shall be enrolled in the Florida
  614  Retirement System as provided in s. 121.053(1)(b) or, if holding
  615  an elective public office that does not qualify for the Elected
  616  Officers' Class on or after July 1, 1991, shall be enrolled in
  617  the Florida Retirement System as provided in s. 121.122, and
  618  shall continue to receive retirement benefits as well as
  619  compensation for the elected officer's service for as long as he
  620  or she remains in elective office. However, any retired member
  621  who served in an elective office before prior to July 1, 1990,
  622  suspended his or her retirement benefit, and had his or her
  623  Florida Retirement System membership reinstated shall, upon
  624  retirement from such office, have his or her retirement benefit
  625  recalculated to include the additional service and compensation
  626  earned.
  627         11.9. Any person who is holding an elective public office
  628  which is covered by the Florida Retirement System and who is
  629  concurrently employed in nonelected covered employment may elect
  630  to retire while continuing employment in the elective public
  631  office, if provided that he or she terminates shall be required
  632  to terminate his or her nonelected covered employment. Any
  633  person who exercises this election shall receive his or her
  634  retirement benefits in addition to the compensation of the
  635  elective office without regard to the time limitations otherwise
  636  provided in this subsection. A No person who seeks to exercise
  637  the provisions of this subparagraph, as they the same existed
  638  before prior to May 3, 1984, may not shall be deemed to be
  639  retired under those provisions, unless such person is eligible
  640  to retire under the provisions of this subparagraph, as amended
  641  by chapter 84-11, Laws of Florida.
  642         10.The limitations of this paragraph apply to reemployment
  643  in any capacity with an “employer” as defined in s. 121.021(10),
  644  irrespective of the category of funds from which the person is
  645  compensated.
  646         12.11. An employing agency may reemploy a retired member as
  647  a firefighter or paramedic after the retired member has been
  648  retired for 1 calendar month, in accordance with s. 121.021(39).
  649  Any retired member who is reemployed within 1 calendar month
  650  after retirement voids shall void his or her application for
  651  retirement benefits. The employing agency reemploying such
  652  firefighter or paramedic is subject to the retired contribution
  653  required in subparagraph 9. 8. Reemployment of a retired
  654  firefighter or paramedic is limited to no more than 780 hours
  655  during the first 12 months of his or her retirement. Any retired
  656  member reemployed for more than 780 hours during the first 12
  657  months of retirement must shall give timely notice in writing to
  658  the employer and to the Division of Retirement of the date he or
  659  she will exceed the limitation. The division shall suspend his
  660  or her retirement benefits for the remainder of the first 12
  661  months of retirement. Any person employed in violation of this
  662  subparagraph and any employing agency that which knowingly
  663  employs or appoints such person without notifying the division
  664  of Retirement to suspend retirement benefits shall be jointly
  665  and severally liable for reimbursement to the Retirement System
  666  Trust Fund of any benefits paid during the reemployment
  667  limitation period. To avoid liability, such employing agency
  668  must shall have a written statement from the retiree that he or
  669  she is not retired from a state-administered retirement system.
  670  Any retirement benefits received by a retired member while
  671  reemployed in excess of 780 hours during the first 12 months of
  672  retirement must shall be repaid to the Florida Retirement System
  673  Trust Fund, and retirement benefits shall remain suspended until
  674  repayment is made. Benefits suspended beyond the end of the
  675  retired member's first 12 months of retirement shall apply
  676  toward repayment of benefits received in violation of the 780
  677  hour reemployment limitation.
  678         13.The limitations of this paragraph apply to reemployment
  679  in any capacity with an employer, as defined in s. 121.021,
  680  irrespective of the category of funds from which the person is
  681  compensated.
  682         14.The reemployment after retirement provisions of this
  683  paragraph apply to DROP participants effective upon termination
  684  from employment and the end of DROP participation.
  685         (13) DEFERRED RETIREMENT OPTION PROGRAM.—In general, and
  686  subject to the provisions of this section, the Deferred
  687  Retirement Option Program, hereinafter referred to as the DROP,
  688  is a program under which an eligible member of the Florida
  689  Retirement System may elect to participate, deferring receipt of
  690  retirement benefits while continuing employment with his or her
  691  Florida Retirement System employer. The deferred monthly
  692  benefits shall accrue in the System Trust Fund on behalf of the
  693  participant, plus interest compounded monthly, for the specified
  694  period of the DROP participation, as provided in paragraph (c).
  695  Upon termination of employment, the participant shall receive
  696  the total DROP benefits and begin to receive the previously
  697  determined normal retirement benefits. Participation in the DROP
  698  does not guarantee employment for the specified period of DROP.
  699  Participation in the DROP by an eligible member beyond the
  700  initial 60-month period as authorized in this subsection shall
  701  be on an annual contractual basis for all participants.
  702         (a) Eligibility of member to participate in the DROP.—All
  703  active Florida Retirement System members in a regularly
  704  established position, and all active members of either the
  705  Teachers' Retirement System established in chapter 238 or the
  706  State and County Officers' and Employees' Retirement System
  707  established in chapter 122, which systems are consolidated
  708  within the Florida Retirement System under s. 121.011, are
  709  eligible to elect participation in the DROP if provided that:
  710         1. The member is not a renewed member of the Florida
  711  Retirement System under s. 121.122, or a member of the State
  712  Community College System Optional Retirement Program under s.
  713  121.051, the Senior Management Service Optional Annuity Program
  714  under s. 121.055, or the optional retirement program for the
  715  State University System under s. 121.35.
  716         2. Except as provided in subparagraph 6., election to
  717  participate is made within 12 months immediately following the
  718  date on which the member first reaches normal retirement date,
  719  or, for a member who reaches normal retirement date based on
  720  service before he or she reaches age 62, or age 55 for Special
  721  Risk Class members, election to participate may be deferred to
  722  the 12 months immediately following the date the member attains
  723  57, or age 52 for Special Risk Class members. For a member who
  724  first reached normal retirement date or the deferred eligibility
  725  date described above prior to the effective date of this
  726  section, election to participate shall be made within 12 months
  727  after the effective date of this section. A member who fails to
  728  make an election within the such 12-month limitation period
  729  forfeits shall forfeit all rights to participate in the DROP.
  730  The member shall advise his or her employer and the division in
  731  writing of the date on which the DROP begins shall begin. The
  732  Such beginning date may be subsequent to the 12-month election
  733  period, but must be within the original 60-month participation
  734  or, with respect to members who are instructional personnel
  735  employed by the Florida School for the Deaf and the Blind and
  736  who have received authorization by the Board of Trustees of the
  737  Florida School for the Deaf and the Blind to participate in the
  738  DROP beyond 60 months, or who are instructional personnel as
  739  defined in s. 1012.01(2)(a)-(d) in grades K-12 and who have
  740  received authorization by the district school superintendent to
  741  participate in the DROP beyond 60 months, the 96-month
  742  limitation period as provided in subparagraph (b)1. When
  743  establishing eligibility of the member to participate in the
  744  DROP for the 60-month or, with respect to members who are
  745  instructional personnel employed by the Florida School for the
  746  Deaf and the Blind and who have received authorization by the
  747  Board of Trustees of the Florida School for the Deaf and the
  748  Blind to participate in the DROP beyond 60 months, or who are
  749  instructional personnel as defined in s. 1012.01(2)(a)-(d) in
  750  grades K-12 and who have received authorization by the district
  751  school superintendent to participate in the DROP beyond 60
  752  months, the 96-month maximum participation period, the member
  753  may elect to include or exclude any optional service credit
  754  purchased by the member from the total service used to establish
  755  the normal retirement date. A member who has with dual normal
  756  retirement dates is shall be eligible to elect to participate in
  757  DROP within 12 months after attaining normal retirement date in
  758  either class.
  759         3. The employer of a member electing to participate in the
  760  DROP, or employers if dually employed, shall acknowledge in
  761  writing to the division the date the member's participation in
  762  the DROP begins and the date the member's employment and DROP
  763  participation will terminate.
  764         4. Simultaneous employment of a participant by additional
  765  Florida Retirement System employers subsequent to the
  766  commencement of participation in the DROP is shall be
  767  permissible if provided such employers acknowledge in writing a
  768  DROP termination date no later than the participant's existing
  769  termination date or the maximum participation 60-month
  770  limitation period as provided in subparagraph (b)1.
  771         5. A DROP participant may change employers while
  772  participating in the DROP, subject to the following:
  773         a. A change of employment must take place without a break
  774  in service so that the member receives salary for each month of
  775  continuous DROP participation. If a member receives no salary
  776  during a month, DROP participation shall cease unless the
  777  employer verifies a continuation of the employment relationship
  778  for such participant pursuant to s. 121.021(39)(b).
  779         b. Such participant and new employer shall notify the
  780  division of the identity of the new employer on forms required
  781  by the division as to the identity of the new employer.
  782         c. The new employer shall acknowledge, in writing, the
  783  participant's DROP termination date, which may be extended but
  784  not beyond the original 60-month participation or, with respect
  785  to members who are instructional personnel employed by the
  786  Florida School for the Deaf and the Blind and who have received
  787  authorization by the Board of Trustees of the Florida School for
  788  the Deaf and the Blind to participate in the DROP beyond 60
  789  months, or who are instructional personnel as defined in s.
  790  1012.01(2)(a)-(d) in grades K-12 and who have received
  791  authorization by the district school superintendent to
  792  participate in the DROP beyond 60 months, the 96-month period
  793  provided in subparagraph (b)1., shall acknowledge liability for
  794  any additional retirement contributions and interest required if
  795  the participant fails to timely terminate employment, and is
  796  shall be subject to the adjustment required in sub-subparagraph
  797  (c)5.d.
  798         6. Effective July 1, 2001, for instructional personnel as
  799  defined in s. 1012.01(2), election to participate in the DROP
  800  may shall be made at any time following the date on which the
  801  member first reaches normal retirement date. The member shall
  802  advise his or her employer and the division in writing of the
  803  date on which DROP begins the Deferred Retirement Option Program
  804  shall begin. When establishing eligibility of the member to
  805  participate in the DROP for the 60-month or, with respect to
  806  members who are instructional personnel employed by the Florida
  807  School for the Deaf and the Blind and who have received
  808  authorization by the Board of Trustees of the Florida School for
  809  the Deaf and the Blind to participate in the DROP beyond 60
  810  months, or who are instructional personnel as defined in s.
  811  1012.01(2)(a)-(d) in grades K-12 and who have received
  812  authorization by the district school superintendent to
  813  participate in the DROP beyond 60 months, the 96-month maximum
  814  participation period, as provided in sub-subparagraph (b)(1)a.
  815  subparagraph (b)1., the member may elect to include or exclude
  816  any optional service credit purchased by the member from the
  817  total service used to establish the normal retirement date. A
  818  member who has with dual normal retirement dates is shall be
  819  eligible to elect to participate in either class.
  820         (b) Participation in the DROP.—
  821         1. An eligible member may elect to participate in the DROP
  822  for a period not to exceed a maximum of 60 calendar months.
  823  However, or, with respect to members who are instructional
  824  personnel employed by the Florida School for the Deaf and the
  825  Blind and authorized who have received authorization by the
  826  Board of Trustees of the Florida School for the Deaf and the
  827  Blind to participate in the DROP beyond 60 months, or who are
  828  instructional personnel as defined in s. 1012.01(2)(a)-(d) in
  829  grades K-12 and authorized who have received authorization by
  830  the district school superintendent to participate in the DROP
  831  beyond 60 calendar months, or who are instructional personnel,
  832  as defined in s. 1012.01(2), employed by a developmental
  833  research school and authorized by the school's director, or if
  834  the school has no director, by the school's principal, may
  835  participate in DROP for up to 36 calendar months beyond the 60
  836  month period. 96 calendar months immediately following the date
  837  on which the member first reaches his or her normal retirement
  838  date or the date to which he or she is eligible to defer his or
  839  her election to participate as provided in subparagraph (a)2.
  840  However, a member who has reached normal retirement date prior
  841  to the effective date of the DROP shall be eligible to
  842  participate in the DROP for a period of time not to exceed 60
  843  calendar months or, with respect to members who are
  844  instructional personnel employed by the Florida School for the
  845  Deaf and the Blind and who have received authorization by the
  846  Board of Trustees of the Florida School for the Deaf and the
  847  Blind to participate in the DROP beyond 60 months, or who are
  848  instructional personnel as defined in s. 1012.01(2)(a)-(d) in
  849  grades K-12 and who have received authorization by the district
  850  school superintendent to participate in the DROP beyond 60
  851  calendar months, 96 calendar months immediately following the
  852  effective date of the DROP, except a member of the Special Risk
  853  Class who has reached normal retirement date prior to the
  854  effective date of the DROP and whose total accrued value exceeds
  855  75 percent of average final compensation as of his or her
  856  effective date of retirement shall be eligible to participate in
  857  the DROP for no more than 36 calendar months immediately
  858  following the effective date of the DROP.
  859         2. Upon deciding to participate in the DROP, the member
  860  shall submit, on forms required by the division:
  861         a. A written election to participate in the DROP;
  862         b. Selection of the DROP participation and termination
  863  dates, which satisfy the limitations stated in paragraph (a) and
  864  subparagraph 1. The Such termination date must shall be in a
  865  binding letter of resignation to with the employer, establishing
  866  a deferred termination date. The member may change the
  867  termination date within the limitations of subparagraph 1., but
  868  only with the written approval of the his or her employer;
  869         c. A properly completed DROP application for service
  870  retirement as provided in this section; and
  871         d. Any other information required by the division.
  872         3. The DROP participant is shall be a retiree under the
  873  Florida Retirement System for all purposes, except for paragraph
  874  (5)(f) and subsection (9) and ss. 112.3173, 112.363, 121.053,
  875  and 121.122. DROP participation is final and may not be
  876  cancelled by the participant after the first payment is credited
  877  during the DROP participation period. However, participation in
  878  the DROP does not alter the participant's employment status and
  879  the member is such employee shall not be deemed retired from
  880  employment until his or her deferred resignation is effective
  881  and termination occurs as provided in s. 121.021(39).
  882         4. Elected officers are shall be eligible to participate in
  883  the DROP subject to the following:
  884         a. An elected officer who reaches normal retirement date
  885  during a term of office may defer the election to participate in
  886  the DROP until the next succeeding term in that office. An Such
  887  elected officer who exercises this option may participate in the
  888  DROP for up to 60 calendar months or a period of no longer than
  889  the such succeeding term of office, whichever is less.
  890         b. An elected or a nonelected participant may run for a
  891  term of office while participating in DROP and, if elected,
  892  extend the DROP termination date accordingly, except that,
  893  however, if such additional term of office exceeds the 60-month
  894  limitation established in subparagraph 1., and the officer does
  895  not resign from office within the such 60-month limitation, the
  896  retirement and the participant's DROP is shall be null and void
  897  as provided in sub-subparagraph (c)5.d.
  898         c. An elected officer who is dually employed and elects to
  899  participate in DROP must shall be required to satisfy the
  900  definition of termination within the 60-month participation or,
  901  with respect to members who are instructional personnel employed
  902  by the Florida School for the Deaf and the Blind and who have
  903  received authorization by the Board of Trustees of the Florida
  904  School for the Deaf and the Blind to participate in the DROP
  905  beyond 60 months, or who are instructional personnel as defined
  906  in s. 1012.01(2)(a)-(d) in grades K-12 and who have received
  907  authorization by the district school superintendent to
  908  participate in the DROP beyond 60 months, the 96-month
  909  limitation period as provided in subparagraph 1. for the
  910  nonelected position and may continue employment as an elected
  911  officer as provided in s. 121.053. The elected officer shall
  912  will be enrolled as a renewed member in the Elected Officers'
  913  Class or the Regular Class, as provided in ss. 121.053 and
  914  121.122, on the first day of the month after termination of
  915  employment in the nonelected position and termination of DROP.
  916  Distribution of the DROP benefits shall be made as provided in
  917  paragraph (c).
  918         (c) Benefits payable under the DROP.—
  919         1. Effective on with the date of DROP participation, the
  920  member's initial normal monthly benefit, including creditable
  921  service, optional form of payment, and average final
  922  compensation, and the effective date of retirement are shall be
  923  fixed. The beneficiary established under the Florida Retirement
  924  System shall be the beneficiary eligible to receive any DROP
  925  benefits payable if the DROP participant dies before prior to
  926  the completion of the period of DROP participation. If In the
  927  event a joint annuitant predeceases the member, the member may
  928  name a beneficiary to receive accumulated DROP benefits payable.
  929  The Such retirement benefit, the annual cost of living
  930  adjustments provided in s. 121.101, and interest shall accrue
  931  monthly in the Florida Retirement System Trust Fund. The Such
  932  interest shall accrue at an effective annual rate of 6.5 percent
  933  compounded monthly, on the prior month's accumulated ending
  934  balance, up to the month of termination or death.
  935         2. Each employee who elects to participate in the DROP may
  936  shall be allowed to elect to receive a lump-sum payment for
  937  accrued annual leave earned in accordance with agency policy
  938  upon beginning participation in the DROP. The Such accumulated
  939  leave payment certified to the division upon commencement of
  940  DROP shall be included in the calculation of the member's
  941  average final compensation. The employee electing the such lump
  942  sum payment is upon beginning participation in DROP will not be
  943  eligible to receive a second lump-sum payment upon termination,
  944  except to the extent the employee has earned additional annual
  945  leave which, combined with the original payment, does not exceed
  946  the maximum lump-sum payment allowed by the employing agency's
  947  policy or rules. An Such early lump-sum payment shall be based
  948  on the hourly wage of the employee at the time he or she begins
  949  participation in the DROP. If the member elects to wait and
  950  receive a such lump-sum payment upon termination of DROP and
  951  termination of employment with the employer, any accumulated
  952  leave payment made at that time may not cannot be included in
  953  the member's retirement benefit, which was determined and fixed
  954  by law when the employee elected to participate in the DROP.
  955         3. The effective date of DROP participation and the
  956  effective date of retirement of a DROP participant shall be the
  957  first day of the month selected by the member to begin
  958  participation in the DROP, provided such date is properly
  959  established, with the written confirmation of the employer, and
  960  the approval of the division, on forms required by the division.
  961         4. Normal retirement benefits and any interest thereon
  962  shall continue to accrue in the DROP until the established
  963  termination date of the DROP, or until the participant
  964  terminates employment or dies prior to such date. Although
  965  individual DROP accounts shall not be established, a separate
  966  accounting of each participant's accrued benefits under the DROP
  967  shall be calculated and provided to participants.
  968         5. At the conclusion of the participant's DROP, the
  969  division shall distribute the participant's total accumulated
  970  DROP benefits, subject to the following provisions:
  971         a. The division shall receive verification by the
  972  participant's employer or employers that the such participant
  973  has terminated employment as provided in s. 121.021(39)(b).
  974         b. The terminated DROP participant or, if deceased, the
  975  such participant's named beneficiary, shall elect on forms
  976  provided by the division to receive payment of the DROP benefits
  977  in accordance with one of the options listed below. If For a
  978  participant or beneficiary who fails to elect a method of
  979  payment within 60 days of termination of the DROP, the division
  980  shall will pay a lump sum as provided in sub-sub-subparagraph
  981  (I).
  982         (I) Lump sum.—All accrued DROP benefits, plus interest,
  983  less withholding taxes remitted to the Internal Revenue Service,
  984  shall be paid to the DROP participant or surviving beneficiary.
  985         (II) Direct rollover.—All accrued DROP benefits, plus
  986  interest, shall be paid from the DROP directly to the custodian
  987  of an eligible retirement plan as defined in s. 402(c)(8)(B) of
  988  the Internal Revenue Code. However, in the case of an eligible
  989  rollover distribution to the surviving spouse of a deceased
  990  participant, an eligible retirement plan is an individual
  991  retirement account or an individual retirement annuity as
  992  described in s. 402(c)(9) of the Internal Revenue Code.
  993         (III) Partial lump sum.—A portion of the accrued DROP
  994  benefits shall be paid to the DROP participant or surviving
  995  spouse, less withholding taxes remitted to the Internal Revenue
  996  Service, and the remaining DROP benefits shall be transferred
  997  directly to the custodian of an eligible retirement plan as
  998  defined in s. 402(c)(8)(B) of the Internal Revenue Code.
  999  However, in the case of an eligible rollover distribution to the
 1000  surviving spouse of a deceased participant, an eligible
 1001  retirement plan is an individual retirement account or an
 1002  individual retirement annuity as described in s. 402(c)(9) of
 1003  the Internal Revenue Code. The proportions shall be specified by
 1004  the DROP participant or surviving beneficiary.
 1005         c. The form of payment selected by the DROP participant or
 1006  surviving beneficiary must comply complies with the minimum
 1007  distribution requirements of the Internal Revenue Code.
 1008         d. A DROP participant who fails to terminate employment as
 1009  defined in s. 121.021(39)(b) shall be deemed as not to be
 1010  retired, and the DROP election is shall be null and void.
 1011  Florida Retirement System membership shall be reestablished
 1012  retroactively to the date of the commencement of the DROP, and
 1013  each employer with whom the participant continues employment
 1014  must shall be required to pay to the Florida Retirement System
 1015  Trust Fund the difference between the DROP contributions paid in
 1016  paragraph (i) and the contributions required for the applicable
 1017  Florida Retirement System class of membership during the period
 1018  the member participated in the DROP, plus 6.5 percent interest
 1019  compounded annually.
 1020         6.The retirement benefits of any DROP participant who
 1021  meets the definition of termination, as provided in s.
 1022  121.021(39)(b), but is in violation of the reemployment
 1023  provisions provided in subsection (9), shall be suspended during
 1024  those months in which the member is in violation. Any member
 1025  employed in violation of this subparagraph and any employing
 1026  agency that knowingly employs or appoints such member without
 1027  notifying the Division of Retirement to suspend retirement
 1028  benefits are jointly and severally liable for any benefits paid
 1029  during the reemployment limitation period. To avoid liability,
 1030  the employing agency must have a written statement from the
 1031  retiree that he or she is not retired from a state-administered
 1032  retirement system. Any retirement benefits received by a retired
 1033  member while employed in violation of the reemployment
 1034  limitations during the first 12 months of retirement must be
 1035  repaid to the Florida Retirement System Trust Fund, and his or
 1036  her retirement benefits remain suspended until payment is made.
 1037  Benefits suspended beyond the end of the retired member's first
 1038  12 months of retirement apply toward repayment of benefits
 1039  received in violation of the reemployment limitations.
 1040         7.6. The accrued benefits of any DROP participant, and any
 1041  contributions accumulated under the such program, are shall not
 1042  be subject to assignment, execution, attachment, or to any legal
 1043  process whatsoever, except for qualified domestic relations
 1044  orders by a court of competent jurisdiction, income deduction
 1045  orders as provided in s. 61.1301, and federal income tax levies.
 1046         8.7. DROP participants are shall not be eligible for
 1047  disability retirement benefits as provided in subsection (4).
 1048         (14) PAYMENT OF BENEFITS.—This subsection applies to the
 1049  payment of benefits to a payee (retiree or beneficiary) under
 1050  the Florida Retirement System:
 1051         (b) Subject to approval by the division in accordance with
 1052  rule 60S-4.015, Florida Administrative Code, a payee receiving
 1053  retirement benefits under the Florida Retirement system may also
 1054  have the following payments deducted from his or her monthly
 1055  benefit:
 1056         1. Premiums for life and health-related insurance policies
 1057  from approved companies.
 1058         2. Life insurance premiums for the State Group Life
 1059  Insurance Plan, if authorized in writing by the payee and by the
 1060  department of Management Services.
 1061         3. Repayment of overpayments from the Florida Retirement
 1062  System Trust Fund, the State Employees' Health Insurance Trust
 1063  Fund, or the State Employees' Life Insurance Trust Fund, upon
 1064  notification of the payee.
 1065         4. Payments to an alternate payee for alimony or, child
 1066  support pursuant to an income deduction order under s. 61.1301,
 1067  or division of marital assets pursuant to a qualified domestic
 1068  relations order under s. 222.21 or an income deduction order
 1069  under s. 61.1301.
 1070         5. Payments to the Internal Revenue Service for federal
 1071  income tax levies, upon notification of the division by the
 1072  Internal Revenue Service.
 1073         (c) A payee must shall notify the division of any change in
 1074  his or her address. The division may suspend benefit payments to
 1075  a payee if correspondence sent to the payee's mailing address is
 1076  returned due to an incorrect address. Benefit payments shall be
 1077  resumed upon notification to the division of the payee's new
 1078  address.
 1079         (d) A payee whose retirement benefits are reduced by the
 1080  application of maximum benefit limits under s. 415(b) of the
 1081  Internal Revenue Code, as specified in s. 121.30(5), shall have
 1082  the portion of his or her calculated benefit in the Florida
 1083  Retirement System defined benefit plan which exceeds such
 1084  federal limitation paid through the Florida Retirement System
 1085  Preservation of Benefits Plan, as provided in s. 121.1001.
 1086         (e)The Division of Retirement may issue retirement
 1087  benefits payable for division of marital assets pursuant to a
 1088  qualified domestic relations order directly to the alternate
 1089  payee, any court order to the contrary notwithstanding, in order
 1090  to meet Internal Revenue Code requirements.
 1091         (f)(e)A No benefit may not be reduced for the purpose of
 1092  preserving the member's eligibility for a federal program.
 1093         (g)(f) The division shall adopt rules establishing
 1094  procedures for determining that the persons to whom benefits are
 1095  being paid are still living. The division shall suspend the
 1096  benefits being paid to any payee if when it is unable to contact
 1097  such payee and to confirm that he or she is still living.
 1098         Section 8. Section 121.1115, Florida Statutes, is amended
 1099  to read:
 1100         121.1115 Purchase of retirement credit for out-of-state and
 1101  federal service.—Effective January 1, 1995, a member of the
 1102  Florida Retirement System may purchase creditable service for
 1103  periods of public employment in another state and receive
 1104  creditable service for such periods of employment. Service with
 1105  the Federal Government, including any active military service,
 1106  may be claimed. Upon completion of each year of service earned
 1107  under the Florida Retirement System, a member may purchase up to
 1108  1 year of retirement credit for his or her out-of-state service,
 1109  subject to the following provisions:
 1110         (1) LIMITATIONS AND CONDITIONS.—To receive credit for the
 1111  out-of-state service:
 1112         (a) The out-of-state service being claimed must have been:
 1113         1. Performed in a position of employment with the state or
 1114  a political subdivision thereof or with the Federal Government;
 1115         2. Covered by a retirement or pension plan provided by the
 1116  state or political subdivision, or by the Federal Government, as
 1117  appropriate; and
 1118         3. Performed prior to a period of membership in the Florida
 1119  Retirement System.
 1120         (b) The member must have completed a minimum of 6 years of
 1121  creditable service under the Florida Retirement System,
 1122  excluding out-of-state service and in-state service claimed and
 1123  purchased under s. 121.1122.
 1124         (c) Not more than 5 years of creditable service may be
 1125  claimed for creditable service aggregated under the provisions
 1126  of this section and s. 121.1122.
 1127         (d) The out-of-state service credit claimed under this
 1128  section shall be credited only as service in the Regular Class
 1129  of membership, and any benefit or pension based thereon is shall
 1130  be subject to the limitations and restrictions of s. 112.65.
 1131         (e)The member is not eligible for and may not receive a
 1132  pension or benefit from a retirement or pension plan based on or
 1133  including the out-of-state service. Eligibility for or the
 1134  receipt of contributions to a retirement plan made by the
 1135  employer on behalf of the employee is considered a benefit.
 1136         (f)(e)A member shall be eligible To receive service credit
 1137  for out-of-state service performed after leaving the Florida
 1138  Retirement System, the member must complete only upon return to
 1139  membership and completion of at least 1 year of creditable
 1140  service in the Florida Retirement System following the out-of
 1141  state service.
 1142         (2) COST.—For each year claimed, the member must pay into
 1143  the Florida Retirement System Trust Fund an amount equal to 20
 1144  percent of the member's annual compensation for the first full
 1145  work year of creditable service earned under the Florida
 1146  Retirement System, but not less than $12,000, plus interest at
 1147  6.5 percent compounded annually from the date of first annual
 1148  salary earned until full payment is made. The employer may pay
 1149  all or a portion of the cost of this service credit.
 1150         Section 9. Subsection (2) of section 121.1122, Florida
 1151  Statutes, is amended to read:
 1152         121.1122 Purchase of retirement credit for in-state public
 1153  service and in-state service in accredited nonpublic schools and
 1154  colleges, including charter schools and charter technical career
 1155  centers.—Effective January 1, 1998, a member of the Florida
 1156  Retirement System may purchase creditable service for periods of
 1157  certain public or nonpublic employment performed in this state,
 1158  as provided in this section.
 1159         (2) LIMITATIONS AND CONDITIONS.—
 1160         (a) A member is not eligible to receive credit for in-state
 1161  service under this section until he or she has completed 6 years
 1162  of creditable service under the Florida Retirement System,
 1163  excluding service purchased under this section and out-of-state
 1164  service claimed and purchased under s. 121.1115.
 1165         (b) A member may not purchase and receive credit for more
 1166  than 5 years of creditable service aggregated under the
 1167  provisions of this section and s. 121.1115.
 1168         (c) Service credit claimed under this section shall be
 1169  credited only as service in the Regular Class of membership and
 1170  is shall be subject to the provisions of s. 112.65.
 1171         (d)Service credit may not be purchased under this section
 1172  if the member is eligible to receive or is receiving a pension
 1173  or benefit from a retirement or pension plan based on or
 1174  including the service. Eligibility for or the receipt of
 1175  contributions to a retirement plan made by the employer on
 1176  behalf of the employee is considered a benefit.
 1177         (e)(d) A member is shall be eligible to receive service
 1178  credit for in-state service performed after leaving the Florida
 1179  Retirement System only after upon returning to membership and
 1180  completing at least 1 year of creditable service in the Florida
 1181  Retirement System following the in-state service.
 1182         (f)(e) The service claimed must have been service covered
 1183  by a retirement or pension plan provided by the employer.
 1184         Section 10. Section 121.136, Florida Statutes, is amended
 1185  to read:
 1186         121.136 Annual benefit statement to members.—Beginning
 1187  January 1, 1993, and Each January thereafter, the department
 1188  shall provide each active member of the Florida Retirement
 1189  System with 5 or more years of creditable service an annual
 1190  statement of benefits which provides. Such statement should
 1191  provide the member with basic data about the member's retirement
 1192  account. At a minimum Minimally, it must shall include the
 1193  member's retirement plan, accrued service credit the amount of
 1194  funds on deposit in the retirement account, and an estimate of
 1195  retirement benefits.
 1196         Section 11. Section 121.1905, Florida Statutes, is amended
 1197  to read:
 1198         121.1905 Division of Retirement; creation.—
 1199         (1) There is created the Division of Retirement within the
 1200  Department of Management Services.
 1201         (2)The mission of the Division of Retirement is to provide
 1202  quality and cost-effective retirement services as measured by
 1203  member satisfaction and by comparison with administrative costs
 1204  of comparable retirement systems.
 1205         Section 12. Paragraph (a) of subsection (2) of section
 1206  121.23, Florida Statutes, is amended to read:
 1207         121.23 Disability retirement and special risk membership
 1208  applications; Retirement Commission; powers and duties; judicial
 1209  review.—The provisions of this section apply to all proceedings
 1210  in which the administrator has made a written final decision on
 1211  the merits respecting applications for disability retirement,
 1212  reexamination of retired members receiving disability benefits,
 1213  applications for special risk membership, and reexamination of
 1214  special risk members in the Florida Retirement System. The
 1215  jurisdiction of the State Retirement Commission under this
 1216  section shall be limited to written final decisions of the
 1217  administrator on the merits.
 1218         (2) A member shall be entitled to a hearing before the
 1219  State Retirement Commission pursuant to ss. 120.569 and
 1220  120.57(1) on the merits of any written adverse decision of the
 1221  administrator, if he or she files with the commission a written
 1222  request for such hearing within 21 days after receipt of such
 1223  written decision from the administrator. For the purpose of such
 1224  hearings, the commission shall be an “agency head” as defined by
 1225  s. 120.52.
 1226         (a) The commission may shall have the authority to issue
 1227  orders as a result of the a hearing that are shall be binding on
 1228  all parties to the dispute and. The commission may order any
 1229  action that it deems appropriate. Any disability retirement
 1230  order of the commission issued pursuant to this subsection which
 1231  sustains the application of the member may include an amount, to
 1232  be determined by the commission, for reasonable attorney's fees
 1233  and taxable costs, which shall be calculated in accordance with
 1234  the statewide uniform guidelines for taxation of costs in civil
 1235  actions. The amount of the attorney's fee may not exceed 50
 1236  percent of the initial yearly benefit awarded under s.
 1237  121.091(4). In cases involving disability retirement, the State
 1238  Retirement commission shall require the member to present
 1239  competent substantial medical evidence and meet the requirements
 1240  of s. 121.091(4)(c)2. and 3., and may require vocational
 1241  evidence, before awarding disability retirement benefits.
 1242         Section 13. Paragraph (a) of subsection (1) of section
 1243  121.24, Florida Statutes, is amended to read:
 1244         121.24 Conduct of commission business; legal and other
 1245  assistance; compensation.—
 1246         (1) The commission shall conduct its business within the
 1247  following guidelines:
 1248         (a) For purposes of hearing appeals under s. 121.23, the
 1249  commission may meet in panels consisting of no not fewer than
 1250  three members. For the purpose of meeting in these panels, a
 1251  quorum shall be not fewer than two members. For all other
 1252  purposes, A quorum shall consist of three members. The
 1253  concurring vote of a majority of the members present is shall be
 1254  required to reach a decision, issue orders, and conduct the
 1255  business of the commission.
 1256         Section 14. Subsection (8) of section 1012.33, Florida
 1257  Statutes, is amended to read:
 1258         1012.33 Contracts with instructional staff, supervisors,
 1259  and school principals.—
 1260         (8) Notwithstanding any other provision of law, a retired
 1261  any member who has retired may interrupt retirement and be
 1262  reemployed in any public school. A Any member so reemployed by
 1263  the same district from which he or she retired may be employed
 1264  on a probationary contractual basis as provided in subsection
 1265  (1); however, no regular retirement employee shall be eligible
 1266  to renew membership under a retirement system created by chapter
 1267  121 or chapter 238.
 1268         Section 15. Sections 121.093, 121.094, and 121.45, Florida
 1269  Statutes, are repealed.
 1270         Section 16. The Legislature finds that a proper and
 1271  legitimate state purpose is served when employees and retirees
 1272  of the state and its political subdivisions, as well as the
 1273  dependents, survivors, and beneficiaries of such employees and
 1274  retirees, are extended the basic protections afforded by
 1275  governmental retirement systems. These persons must be provided
 1276  benefits that are fair and adequate and that are managed,
 1277  administered, and funded in an actuarially sound manner as
 1278  required by s. 14, Article X of the State Constitution, and part
 1279  VII of chapter 112, Florida Statutes. Therefore, the Legislature
 1280  determines and declares that the amendment of s. 121.091,
 1281  Florida Statutes, by this act fulfills an important state
 1282  interest.
 1283         Section 17. This act shall take effect July 1, 2009.