1 | A bill to be entitled |
2 | An act relating to retirement; amending s. 121.021, F.S.; |
3 | redefining the terms "employer," "officer or employee," |
4 | "past service," "normal retirement date," "termination," |
5 | "regularly established position," and "temporary |
6 | position"; defining the terms "state board" and |
7 | "trustees"; amending s. 121.031, F.S.; requiring |
8 | promotional materials that refer to the Florida Retirement |
9 | System to include a disclaimer unless approval is obtained |
10 | from the Department of Management Services or the State |
11 | Board of Administration; amending s. 121.051, F.S.; |
12 | conforming a cross-reference; clarifying when a State |
13 | Community College System Optional Retirement Program |
14 | participant is considered a retiree; revising provisions |
15 | relating to participation in the Florida Retirement System |
16 | by certain employers; excluding the participation of |
17 | certain entities under a lease agreement; amending s. |
18 | 121.052, F.S.; revising membership criteria for members of |
19 | the Elected Officers' Class; revising the dates for when a |
20 | governing body of a municipality or special district may |
21 | elect to designate its elected positions for inclusion in |
22 | the Elected Officers' Class; amending s. 121.053, F.S.; |
23 | revising provisions relating to participation in the |
24 | Elected Officers' Class for retired members; amending s. |
25 | 121.055, F.S.; revising provisions relating to |
26 | participation in the Senior Management Service Class; |
27 | revising benefit payment procedures for the Senior |
28 | Management Service Optional Annuity Program; clarifying |
29 | when a participant is considered retired; amending s. |
30 | 121.071, F.S.; providing an additional mechanism for the |
31 | payment of employee contributions to the system; amending |
32 | s. 121.081, F.S.; providing for receipt of credit for past |
33 | or prior service by charter school and charter technical |
34 | career center employees; prohibiting a member from |
35 | receiving credit for service covered and reported by both |
36 | a public employer and a private employer; amending s. |
37 | 121.091, F.S.; revising and clarifying provisions relating |
38 | to retirement benefits; deleting a restriction on the |
39 | reemployment of certain personnel by the Florida School |
40 | for the Deaf and the Blind; authorizing developmental |
41 | research schools and charter schools to reemploy certain |
42 | retired members under specified conditions; revising |
43 | limitations on the payment of retirement benefits for |
44 | certain retired persons who are reemployed by an employer |
45 | participating in a state-administered retirement program; |
46 | prohibiting certain persons holding public office from |
47 | enrolling in the Florida Retirement System; deleting a |
48 | provision authorizing an employing agency to reemploy a |
49 | retired member as a firefighter or paramedic after a |
50 | specified period; providing applicability; revising |
51 | provisions relating to reemployment of retirees of the |
52 | Public Employee Optional Retirement Program; providing |
53 | that certain members who delay DROP participation lose a |
54 | month of DROP participation for each month delayed; |
55 | clarifying that DROP participation cannot be canceled; |
56 | clarifying maximum DROP participation; providing for the |
57 | suspension of DROP benefits to a participant who is |
58 | reemployed; deleting obsolete provisions; revising |
59 | employer contribution requirements; authorizing the |
60 | Division of Retirement to issue benefits pursuant to a |
61 | qualified domestic relations order directly to the |
62 | alternate payee; amending s. 121.1115, F.S.; revising |
63 | provisions relating to receiving retirement credit for |
64 | out-of-state service; providing that a member is not |
65 | eligible for and may not receive a benefit based on such |
66 | service; amending s. 121.1122, F.S.; revising provisions |
67 | relating to receiving retirement credit for in-state |
68 | service; providing that certain members may not be |
69 | eligible to purchase service credit; amending s. 121.122, |
70 | F.S.; providing that certain retirees initially reemployed |
71 | on or after a specified date are ineligible for renewed |
72 | membership in the system; revising conditions under which |
73 | a retiree is entitled to certain additional retirement |
74 | benefits; amending s. 121.136, F.S.; revising provisions |
75 | relating to the annual statement of benefits provided to |
76 | certain active members of the system; amending s. |
77 | 121.1905, F.S.; deleting a provision describing the |
78 | mission of the Division of Retirement; amending s. 121.23, |
79 | F.S.; requiring the State Retirement Commission to use |
80 | certain requirements used by the Secretary of Management |
81 | Services before approving a disability retirement benefit; |
82 | amending s. 121.24, F.S.; requiring a quorum of three |
83 | members for all appeal hearings held by the commission; |
84 | amending s. 121.35, F.S.; revising a compulsory membership |
85 | exception for certain members failing to elect membership |
86 | in the optional retirement program; providing a cross- |
87 | reference; defining the term "retiree" for purposes of the |
88 | State University System Optional Retirement Program; |
89 | amending s. 121.4501, F.S.; revising the definition of |
90 | "eligible employee" for purposes of the Public Employee |
91 | Optional Retirement Program; amending s. 121.591, F.S.; |
92 | providing a cross-reference; amending s. 1012.33, F.S.; |
93 | deleting a provision preventing persons who have retired |
94 | from the public school system from renewing membership in |
95 | the Florida Retirement System or Teachers' Retirement |
96 | System upon reemployment by the school system; repealing |
97 | s. 121.093, F.S., relating to instructional personnel |
98 | reemployment after retirement from a developmental |
99 | research school or the Florida School for the Deaf and the |
100 | Blind; repealing s. 121.094, F.S., relating to |
101 | instructional personnel reemployment after retirement from |
102 | a charter school; repealing s. 121.45, F.S., relating to |
103 | interstate compacts relating to pension portability; |
104 | providing a declaration of important state interest; |
105 | providing an effective date. |
106 |
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107 | Be It Enacted by the Legislature of the State of Florida: |
108 |
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109 | Section 1. Subsections (10), (11), (18), (29), (39), (52), |
110 | and (53) of section 121.021, Florida Statutes, are amended, and |
111 | subsections (63) and (64) are added to that section, to read: |
112 | 121.021 Definitions.--The following words and phrases as |
113 | used in this chapter have the respective meanings set forth |
114 | unless a different meaning is plainly required by the context: |
115 | (10) "Employer" means any agency, branch, department, |
116 | institution, university, institution of higher education, or |
117 | board of the state, or any county agency, branch, department, |
118 | board, district school board, city, metropolitan planning |
119 | organization, or special district of the state, or any city of |
120 | the state which participates in the system for the benefit of |
121 | certain of its employees, or a charter school or charter |
122 | technical career center that participates as provided in s. |
123 | 121.051(2)(d). Employers are not agents of the department, the |
124 | state board, or the Division of Retirement, and the department, |
125 | the state board, and the division are not responsible for |
126 | erroneous information provided by representatives of employers. |
127 | (11) "Officer or employee" means any person receiving |
128 | salary payments for work performed in a regularly established |
129 | position and, if employed by a city, a metropolitan planning |
130 | organization, or a special district, employed in a covered |
131 | group. The term does not apply to state employees covered by a |
132 | leasing agreement under s. 110.191, other public employees |
133 | covered by a leasing agreement, or a co-employer relationship. |
134 | (18) "Past service" of any member, as provided in s. |
135 | 121.081(1), means the number of years and complete months and |
136 | any fractional part of a month, recognized and credited by an |
137 | employer and approved by the administrator, during which the |
138 | member was in the active employ of a governmental an employer |
139 | and for which the employee is not entitled to a benefit prior to |
140 | his or her date of participation. |
141 | (29) "Normal retirement date" means the first day of any |
142 | month following the date a member attains normal retirement age |
143 | and is vested, which is determined as follows one of the |
144 | following statuses: |
145 | (a) If a Regular Class member, a Senior Management Service |
146 | Class member, or an Elected Officers' Class the member: |
147 | 1. The first day of the month the member completes 6 or |
148 | more years of creditable service and attains age 62; or |
149 | 2. The first day of the month following the date the |
150 | member completes 30 years of creditable service, regardless of |
151 | age, which may include a maximum of 4 years of military service |
152 | credit as long as such credit is not claimed under any other |
153 | system. |
154 | (b) If a Special Risk Class member, the member: |
155 | 1. The first day of the month the member completes 6 or |
156 | more years of creditable service in the Special Risk Class and |
157 | attains age 55; |
158 | 2. The first day of the month following the date the |
159 | member completes 25 years of creditable service in the Special |
160 | Risk Class, regardless of age; or |
161 | 3. The first day of the month following the date the |
162 | member completes 25 years of creditable service and attains age |
163 | 52, which service may include a maximum of 4 years of military |
164 | service credit as long as such credit is not claimed under any |
165 | other system and the remaining years are in the Special Risk |
166 | Class. |
167 | (c) If a Senior Management Service Class member, the |
168 | member: |
169 | 1. Completes 6 years of creditable service in the Senior |
170 | Management Service Class and attains age 62; or |
171 | 2. Completes 30 years of any creditable service, |
172 | regardless of age, which may include a maximum of 4 years of |
173 | military service credit as long as such credit is not claimed |
174 | under any other system. |
175 | (d) If an Elected Officers' Class member, the member: |
176 | 1. Completes 6 years of creditable service in the Elected |
177 | Officers' Class and attains age 62; or |
178 | 2. Completes 30 years of any creditable service, |
179 | regardless of age, which may include a maximum of 4 years of |
180 | military service credit as long as such credit is not claimed |
181 | under any other system. |
182 |
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183 | "Normal retirement age" is attained on the "normal retirement |
184 | date." |
185 | (39)(a) "Termination" occurs, except as provided in |
186 | paragraph (b), when: |
187 | 1. For retirements effective before January 1, 2010, a |
188 | member ceases all employment relationships with employers under |
189 | this system, as defined in subsection (10), but in the event a |
190 | member should be employed by any such employer within the next |
191 | calendar month, termination shall be deemed not to have |
192 | occurred. A leave of absence shall constitute a continuation of |
193 | the employment relationship, except that a leave of absence |
194 | without pay due to disability may constitute termination for a |
195 | member, if such member makes application for and is approved for |
196 | disability retirement in accordance with s. 121.091(4). The |
197 | department or state board may require other evidence of |
198 | termination as it deems necessary. |
199 | 2. For retirements effective on or after January 1, 2010, |
200 | a member ceases all employment relationships with employers |
201 | under this system, as defined in subsection (10), but in the |
202 | event a member should be employed by any such employer within |
203 | the next 12 calendar months, termination shall be deemed not to |
204 | have occurred. A leave of absence shall constitute a |
205 | continuation of the employment relationship, except that a leave |
206 | of absence without pay due to disability may constitute |
207 | termination for a member, if such member makes application for |
208 | and is approved for disability retirement in accordance with s. |
209 | 121.091(4). The department or state board may require other |
210 | evidence of termination as it deems necessary. |
211 | (b) "Termination" for a member electing to participate |
212 | under the Deferred Retirement Option Program (DROP) occurs when |
213 | the Deferred Retirement Option Program participant ceases all |
214 | employment relationships with employers under this system in |
215 | accordance with s. 121.091(13), but: |
216 | 1. For DROP termination dates occurring before January 1, |
217 | 2010, in the event the DROP Deferred Retirement Option Program |
218 | participant should be employed by any such employer within the |
219 | next calendar month, termination will be deemed not to have |
220 | occurred, except as provided in s. 121.091(13)(b)4.c. A leave of |
221 | absence shall constitute a continuation of the employment |
222 | relationship. |
223 | 2. For DROP termination dates occurring on or after |
224 | January 1, 2010, in the event the DROP participant should be |
225 | employed by any such employer within the next 12 calendar |
226 | months, termination will be deemed not to have occurred, except |
227 | as provided in s. 121.091(13)(b)4.c. A leave of absence shall |
228 | constitute a continuation of the employment relationship. |
229 | (52) "Regularly established position" is defined as |
230 | follows: |
231 | (a) With respect to employment for In a state employer |
232 | agency, the term means a position that which is authorized and |
233 | established pursuant to law and is compensated from a salaries |
234 | and benefits appropriation pursuant to s. 216.011(1)(mm)(dd), or |
235 | an established position that which is authorized pursuant to s. |
236 | 216.262(1)(a) and (b) and is compensated from a salaries account |
237 | as provided in s. 216.011(1)(nn) by rule. |
238 | (b) With respect to employment for In a local employer |
239 | agency (district school board, county agency, community college, |
240 | city, metropolitan planning organization, charter school, |
241 | charter technical career center, or special district), the term |
242 | means a regularly established position that which will be in |
243 | existence for a period beyond 6 consecutive months, except as |
244 | provided by rule. |
245 | (53) "Temporary position" is defined as follows: |
246 | (a) With respect to employment for In a state employer |
247 | agency, the term means a an employment position that which is |
248 | compensated from an other personal services (OPS) account, as |
249 | provided for in s. 216.011(1)(dd). |
250 | (b) With respect to employment for In a local employer |
251 | agency, the term means a an employment position that which will |
252 | exist for less than 6 consecutive months, or other employment |
253 | position as determined by rule of the division, regardless of |
254 | whether it will exist for 6 consecutive months or longer. |
255 | (63) "State board" means the State Board of |
256 | Administration. |
257 | (64) "Trustees" means the Board of Trustees of the State |
258 | Board of Administration. |
259 | Section 2. Subsection (6) is added to section 121.031, |
260 | Florida Statutes, to read: |
261 | 121.031 Administration of system; appropriation; oaths; |
262 | actuarial studies; public records.-- |
263 | (6) Unless prior written approval is obtained from the |
264 | department or state board, any promotional materials or |
265 | advertisements that, directly or indirectly, refer to the |
266 | "Florida Retirement System" or the "FRS" must contain a |
267 | disclaimer that the information is not approved or endorsed by |
268 | the Florida Retirement System. |
269 | Section 3. Paragraph (a) of subsection (1) and paragraphs |
270 | (c) and (f) of subsection (2) of section 121.051, Florida |
271 | Statutes, are amended to read: |
272 | 121.051 Participation in the system.-- |
273 | (1) COMPULSORY PARTICIPATION.-- |
274 | (a) The provisions of this law are shall be compulsory as |
275 | to all officers and employees, except elected officers who meet |
276 | the requirements of s. 121.052(3), who are employed on or after |
277 | December 1, 1970, by of an employer other than those referred to |
278 | in paragraph (2)(b), and each officer or employee, as a |
279 | condition of employment, shall become a member of the system as |
280 | of his or her date of employment, except that a person who is |
281 | retired from any state retirement system and is reemployed on or |
282 | after December 1, 1970, may not renew his or her membership in |
283 | any state retirement system except as provided in s. |
284 | 121.091(4)(h) for a person who recovers from disability, and as |
285 | provided in s. 121.091(9)(b)10.8. for a person who is elected to |
286 | public office, and, effective July 1, 1991, as provided in s. |
287 | 121.122 for all other retirees. Officers and employees of the |
288 | University Athletic Association, Inc., a nonprofit association |
289 | connected with the University of Florida, employed on and after |
290 | July 1, 1979, may shall not participate in any state-supported |
291 | retirement system. |
292 | 1. Any person appointed on or after July 1, 1989, to a |
293 | faculty position in a college at the J. Hillis Miller Health |
294 | Center at the University of Florida or the Medical Center at the |
295 | University of South Florida which has a faculty practice plan |
296 | provided by rule adopted by the Board of Regents may not |
297 | participate in the Florida Retirement System. Effective July 1, |
298 | 2008, any person appointed thereafter to a faculty position, |
299 | including clinical faculty, in a college at a state university |
300 | that has a faculty practice plan authorized by the Board of |
301 | Governors may not participate in the Florida Retirement System. |
302 | A faculty member so appointed shall participate in the optional |
303 | retirement program for the State University System |
304 | notwithstanding the provisions of s. 121.35(2)(a). |
305 | 2. For purposes of this paragraph, the term "faculty |
306 | position" is defined as a position assigned the principal |
307 | responsibility of teaching, research, or public service |
308 | activities or administrative responsibility directly related to |
309 | the academic mission of the college. The term "clinical faculty" |
310 | is defined as a faculty position appointment in conjunction with |
311 | a professional position in a hospital or other clinical |
312 | environment at a college. The term "faculty practice plan" |
313 | includes professional services to patients, institutions, or |
314 | other parties which are rendered by the clinical faculty |
315 | employed by a college that has a faculty practice plan at a |
316 | state university authorized by the Board of Governors. |
317 | (2) OPTIONAL PARTICIPATION.-- |
318 | (c) Employees of public community colleges or charter |
319 | technical career centers sponsored by public community colleges, |
320 | as designated in s. 1000.21(3), who are members of the Regular |
321 | Class of the Florida Retirement System and who comply with the |
322 | criteria set forth in this paragraph and in s. 1012.875 may |
323 | elect, in lieu of participating in the Florida Retirement |
324 | System, to withdraw from the Florida Retirement System |
325 | altogether and participate in an optional retirement program |
326 | provided by the employing agency under s. 1012.875, to be known |
327 | as the State Community College System Optional Retirement |
328 | Program. Pursuant thereto: |
329 | 1. Through June 30, 2001, the cost to the employer for |
330 | such annuity shall equal the normal cost portion of the employer |
331 | retirement contribution which would be required if the employee |
332 | were a member of the Regular Class defined benefit program, plus |
333 | the portion of the contribution rate required by s. 112.363(8) |
334 | that would otherwise be assigned to the Retiree Health Insurance |
335 | Subsidy Trust Fund. Effective July 1, 2001, each employer shall |
336 | contribute on behalf of each participant in the optional program |
337 | an amount equal to 10.43 percent of the participant's gross |
338 | monthly compensation. The employer shall deduct an amount to |
339 | provide for the administration of the optional retirement |
340 | program. The employer providing the optional program shall |
341 | contribute an additional amount to the Florida Retirement System |
342 | Trust Fund equal to the unfunded actuarial accrued liability |
343 | portion of the Regular Class contribution rate. |
344 | 2. The decision to participate in such an optional |
345 | retirement program shall be irrevocable for as long as the |
346 | employee holds a position eligible for participation, except as |
347 | provided in subparagraph 3. Any service creditable under the |
348 | Florida Retirement System shall be retained after the member |
349 | withdraws from the Florida Retirement System; however, |
350 | additional service credit in the Florida Retirement System shall |
351 | not be earned while a member of the optional retirement program. |
352 | 3. An employee who has elected to participate in the |
353 | optional retirement program shall have one opportunity, at the |
354 | employee's discretion, to choose to transfer from the optional |
355 | retirement program to the defined benefit program of the Florida |
356 | Retirement System or to the Public Employee Optional Retirement |
357 | Program, subject to the terms of the applicable optional |
358 | retirement program contracts. |
359 | a. If the employee chooses to move to the Public Employee |
360 | Optional Retirement Program, any contributions, interest, and |
361 | earnings creditable to the employee under the State Community |
362 | College System Optional Retirement Program shall be retained by |
363 | the employee in the State Community College System Optional |
364 | Retirement Program, and the applicable provisions of s. |
365 | 121.4501(4) shall govern the election. |
366 | b. If the employee chooses to move to the defined benefit |
367 | program of the Florida Retirement System, the employee shall |
368 | receive service credit equal to his or her years of service |
369 | under the State Community College System Optional Retirement |
370 | Program. |
371 | (I) The cost for such credit shall be an amount |
372 | representing the present value of that employee's accumulated |
373 | benefit obligation for the affected period of service. The cost |
374 | shall be calculated as if the benefit commencement occurs on the |
375 | first date the employee would become eligible for unreduced |
376 | benefits, using the discount rate and other relevant actuarial |
377 | assumptions that were used to value the Florida Retirement |
378 | System defined benefit plan liabilities in the most recent |
379 | actuarial valuation. The calculation shall include any service |
380 | already maintained under the defined benefit plan in addition to |
381 | the years under the State Community College System Optional |
382 | Retirement Program. The present value of any service already |
383 | maintained under the defined benefit plan shall be applied as a |
384 | credit to total cost resulting from the calculation. The |
385 | division shall ensure that the transfer sum is prepared using a |
386 | formula and methodology certified by an enrolled actuary. |
387 | (II) The employee must transfer from his or her State |
388 | Community College System Optional Retirement Program account and |
389 | from other employee moneys as necessary, a sum representing the |
390 | present value of that employee's accumulated benefit obligation |
391 | immediately following the time of such movement, determined |
392 | assuming that attained service equals the sum of service in the |
393 | defined benefit program and service in the State Community |
394 | College System Optional Retirement Program. |
395 | 4. Participation in the optional retirement program shall |
396 | be limited to those employees who satisfy the following |
397 | eligibility criteria: |
398 | a. The employee must be otherwise eligible for membership |
399 | or renewed membership in the Regular Class of the Florida |
400 | Retirement System, as provided in s. 121.021(11) and (12) or s. |
401 | 121.122. |
402 | b. The employee must be employed in a full-time position |
403 | classified in the Accounting Manual for Florida's Public |
404 | Community Colleges as: |
405 | (I) Instructional; or |
406 | (II) Executive Management, Instructional Management, or |
407 | Institutional Management, if a community college determines that |
408 | recruiting to fill a vacancy in the position is to be conducted |
409 | in the national or regional market, and: |
410 | (A) The duties and responsibilities of the position |
411 | include either the formulation, interpretation, or |
412 | implementation of policies; or |
413 | (B) The duties and responsibilities of the position |
414 | include the performance of functions that are unique or |
415 | specialized within higher education and that frequently involve |
416 | the support of the mission of the community college. |
417 | c. The employee must be employed in a position not |
418 | included in the Senior Management Service Class of the Florida |
419 | Retirement System, as described in s. 121.055. |
420 | 5. A participant who receives a program distribution |
421 | funded by employer contributions shall be deemed to be retired |
422 | from a state-administered retirement system in the event of |
423 | subsequent employment with any employer that participates in the |
424 | Florida Retirement System. Participants in the program are |
425 | subject to the same reemployment limitations, renewed membership |
426 | provisions, and forfeiture provisions as are applicable to |
427 | regular members of the Florida Retirement System under ss. |
428 | 121.091(9), 121.122, and 121.091(5), respectively. |
429 | 6. Eligible community college employees shall be |
430 | compulsory members of the Florida Retirement System until, |
431 | pursuant to the procedures set forth in s. 1012.875, a written |
432 | election to withdraw from the Florida Retirement System and to |
433 | participate in the State Community College System Optional |
434 | Retirement Program is filed with the program administrator and |
435 | received by the division. |
436 | a. Any community college employee whose program |
437 | eligibility results from initial employment shall be enrolled in |
438 | the State Community College System Optional Retirement Program |
439 | retroactive to the first day of eligible employment. The |
440 | employer retirement contributions paid through the month of the |
441 | employee plan change shall be transferred to the community |
442 | college for the employee's optional program account, and, |
443 | effective the first day of the next month, the employer shall |
444 | pay the applicable contributions based upon subparagraph 1. |
445 | b. Any community college employee whose program |
446 | eligibility results from a change in status due to the |
447 | subsequent designation of the employee's position as one of |
448 | those specified in subparagraph 4. or due to the employee's |
449 | appointment, promotion, transfer, or reclassification to a |
450 | position specified in subparagraph 4. shall be enrolled in the |
451 | program upon the first day of the first full calendar month that |
452 | such change in status becomes effective. The employer retirement |
453 | contributions paid from the effective date through the month of |
454 | the employee plan change shall be transferred to the community |
455 | college for the employee's optional program account, and, |
456 | effective the first day of the next month, the employer shall |
457 | pay the applicable contributions based upon subparagraph 1. |
458 | 7. Effective July 1, 2003, through December 31, 2008, any |
459 | participant of the State Community College System Optional |
460 | Retirement Program who has service credit in the defined benefit |
461 | plan of the Florida Retirement System for the period between his |
462 | or her first eligibility to transfer from the defined benefit |
463 | plan to the optional retirement program and the actual date of |
464 | transfer may, during his or her employment, elect to transfer to |
465 | the optional retirement program a sum representing the present |
466 | value of the accumulated benefit obligation under the defined |
467 | benefit retirement program for such period of service credit. |
468 | Upon such transfer, all such service credit previously earned |
469 | under the defined benefit program of the Florida Retirement |
470 | System during this period shall be nullified for purposes of |
471 | entitlement to a future benefit under the defined benefit |
472 | program of the Florida Retirement System. |
473 | (f)1. If Whenever an employer that participates in the |
474 | Florida Retirement System undertakes the transfer, merger, or |
475 | consolidation of governmental services or assumes the functions |
476 | and activities of an employing governmental entity that was not |
477 | an employer under the system, the employer must notify the |
478 | department at least 60 days prior to such action and shall |
479 | provide documentation as required by the department. The |
480 | transfer, merger, or consolidation of governmental services or |
481 | assumption of governmental functions and activities must occur |
482 | between public employers. The current or former employer may pay |
483 | the employees' past service cost, unless prohibited under this |
484 | chapter. This subparagraph does not apply to the transfer, |
485 | merger, or consolidation of governmental services or assumption |
486 | of functions and activities of a public entity under a leasing |
487 | agreement having a co-employer relationship. Employers and |
488 | employees of a public governmental employer whose service is |
489 | covered by a leasing agreement under s. 110.191, any other |
490 | leasing agreement, or a co-employer relationship are not |
491 | eligible to participate in the Florida Retirement System. |
492 | 2. If When the agency to which a member's employing unit |
493 | is transferred, merged, or consolidated does not participate in |
494 | the Florida Retirement System, a member may shall elect in |
495 | writing to remain in the Florida Retirement System or to |
496 | transfer to the local retirement system operated by the such |
497 | agency. If the such agency does not participate in a local |
498 | retirement system, the member shall continue membership in the |
499 | Florida Retirement System. In either case, the membership |
500 | continues shall continue for as long as the member is employed |
501 | by the agency to which his or her unit was transferred, merged, |
502 | or consolidated. |
503 | Section 4. Paragraph (f) of subsection (2) and paragraph |
504 | (e) of subsection (3) of section 121.052, Florida Statutes, are |
505 | amended to read: |
506 | 121.052 Membership class of elected officers.-- |
507 | (2) MEMBERSHIP.--The following holders of elective office, |
508 | hereinafter referred to as "elected officers," whether assuming |
509 | elective office by election, reelection, or appointment, are |
510 | members of the Elected Officers' Class, except as provided in |
511 | subsection (3): |
512 | (f)1. Any elected officer of a municipality or special |
513 | district on or after July 1, 1997, through December 31, 2009, as |
514 | provided in paragraph (3)(e). |
515 | 2. Any elected officer of a municipality or special |
516 | district on or after January 1, 2010, when the governing body of |
517 | a municipality or special district, at the time it joins the |
518 | Florida Retirement System for its elected officers, elects by |
519 | majority vote to designate all its elected positions for |
520 | inclusion in the Elected Officers' Class. |
521 | (3) PARTICIPATION AND WITHDRAWAL, GENERALLY.--Effective |
522 | July 1, 1990, participation in the Elected Officers' Class shall |
523 | be compulsory for elected officers listed in paragraphs (2)(a)- |
524 | (d) and (f) assuming office on or after said date, unless the |
525 | elected officer elects membership in another class or withdraws |
526 | from the Florida Retirement System as provided in paragraphs |
527 | (3)(a)-(d): |
528 | (e)1. Effective July 1, 1997, the governing body of a |
529 | municipality or special district may, by majority vote, elect to |
530 | designate all its elected positions for inclusion in the Elected |
531 | Officers' Class. Such election shall be made between July 1, |
532 | 1997, and December 31, 1997, and shall be irrevocable. The |
533 | designation of such positions shall be effective the first day |
534 | of the month following receipt by the department of the |
535 | ordinance or resolution passed by the governing body. |
536 | 2. Effective July 1, 2001, the governing body of a |
537 | municipality or special district may, by majority vote, elect to |
538 | designate all its elected positions for inclusion in the Elected |
539 | Officers' Class. Such election shall be made between July 1, |
540 | 2001, and December 31, 2001, and shall be irrevocable. The |
541 | designation of such positions shall be effective the first day |
542 | of the month following receipt by the department of the |
543 | ordinance or resolution passed by the governing body. |
544 | 3. Effective July 1, 2009, the governing body of a |
545 | municipality or special district may, by majority vote, elect to |
546 | designate all its elected positions for inclusion in the Elected |
547 | Officers' Class. Such election shall be made between July 1, |
548 | 2009, and December 31, 2009, and shall be irrevocable. The |
549 | designation of such positions shall be effective the first day |
550 | of the month following receipt by the department of the |
551 | ordinance or resolution passed by the governing body. |
552 | Section 5. Subsections (1) and (2) of section 121.053, |
553 | Florida Statutes, are amended to read: |
554 | 121.053 Participation in the Elected Officers' Class for |
555 | retired members.-- |
556 | (1)(a)1. Any retiree of a state-administered retirement |
557 | system who initially serves in an elective office in a regularly |
558 | established position with a covered employer on or after January |
559 | 1, 2010, shall not be enrolled in the Florida Retirement System. |
560 | 2. An elected officer who is elected or appointed to an |
561 | elective office and is participating in the Deferred Retirement |
562 | Option Program is subject to termination as provided in s. |
563 | 121.021(39)(b), and reemployment limitations as provided in s. |
564 | 121.091(9), upon completion of his or her DROP participation |
565 | period. |
566 | (b) Before January 1, 2010, any member who retired under |
567 | any existing system as defined in s. 121.021(2), and receives a |
568 | benefit thereof, and who serves in an office covered by the |
569 | Elected Officers' Class for a period of at least 6 years, shall |
570 | be entitled to receive an additional retirement benefit for such |
571 | elected officer service prior to July 1, 1990, under the Elected |
572 | Officers' Class of the Florida Retirement System, as follows: |
573 | 1. Upon completion of 6 or more years of creditable |
574 | service in an office covered by the Elected Officers' Class, s. |
575 | 121.052, such member shall notify the administrator of his or |
576 | her intent to purchase elected officer service prior to July 1, |
577 | 1990, and shall pay the member contribution applicable for the |
578 | period being claimed, plus 4 percent interest compounded |
579 | annually from the first year of service claimed until July 1, |
580 | 1975, and 6.5 percent interest compounded annually thereafter, |
581 | until full payment is made to the Florida Retirement System |
582 | Trust Fund; however, such member may purchase retirement credit |
583 | under the Elected Officers' Class only for such service as an |
584 | elected officer. |
585 | 2. Upon payment of the amount specified in subparagraph |
586 | 1., the employer shall pay into the Florida Retirement System |
587 | Trust Fund the applicable employer contribution for the period |
588 | of elected officer service prior to July 1, 1990, being claimed |
589 | by the member, plus 4 percent interest compounded annually from |
590 | the first year of service claimed until July 1, 1975, and 6.5 |
591 | percent interest compounded annually thereafter, until full |
592 | payment is made to the Florida Retirement System Trust Fund. |
593 | (c)(b) Any retired member of the Florida Retirement |
594 | System, or any existing system as defined in s. 121.021(2), who, |
595 | on or after July 1, 1990, through December 31, 2009, is serving |
596 | in, or is elected or appointed to, an elective office covered by |
597 | the Elected Officers' Class shall be enrolled in the appropriate |
598 | subclass of the Elected Officers' Class of the Florida |
599 | Retirement System, and applicable contributions shall be paid |
600 | into the Florida Retirement System Trust Fund as provided in s. |
601 | 121.052(7). Pursuant thereto: |
602 | 1. Any such retired member shall be eligible to continue |
603 | to receive retirement benefits as well as compensation for the |
604 | elected officer service for as long as he or she remains in an |
605 | elective office covered by the Elected Officers' Class. |
606 | 2. If any such member serves in an elective office covered |
607 | by the Elected Officers' Class and becomes vested under that |
608 | class, he or she shall be entitled to receive an additional |
609 | retirement benefit for such elected officer service. |
610 | 3. Such member shall be entitled to purchase additional |
611 | retirement credit in the Elected Officers' Class for any |
612 | postretirement service performed in an elected position eligible |
613 | for the Elected Officers' Class prior to July 1, 1990, or in the |
614 | Regular Class for any postretirement service performed in any |
615 | other regularly established position prior to July 1, 1991, by |
616 | paying the applicable Elected Officers' Class or Regular Class |
617 | employee and employer contributions for the period being |
618 | claimed, plus 4 percent interest compounded annually from the |
619 | first year of service claimed until July 1, 1975, and 6.5 |
620 | percent interest compounded thereafter, until full payment is |
621 | made to the Florida Retirement System Trust Fund. The |
622 | contribution for postretirement Regular Class service between |
623 | July 1, 1985, and July 1, 1991, for which the reemployed retiree |
624 | contribution was paid, shall be the difference between such |
625 | contribution and the total applicable contribution for the |
626 | period being claimed, plus interest. The employer of such member |
627 | may pay the applicable employer contribution in lieu of the |
628 | member. If a member does not wish to claim credit for all of the |
629 | postretirement service for which he or she is eligible, the |
630 | service the member claims must be the most recent service. |
631 | 4. Creditable service for which credit was received, or |
632 | which remained unclaimed, at retirement may not be claimed or |
633 | applied toward service credit earned following renewed |
634 | membership. However, service earned in accordance with the |
635 | renewed membership provisions in s. 121.122 may be used in |
636 | conjunction with creditable service earned under this paragraph, |
637 | provided applicable vesting requirements and other existing |
638 | statutory conditions required by this chapter are met. |
639 | 5. An elected officer who is elected or appointed to an |
640 | elective office and is participating in the Deferred Retirement |
641 | Option Program before January 1, 2010, is not subject to |
642 | termination as provided in s. 121.021(39)(b), or reemployment |
643 | limitations as provided in s. 121.091(9), until the end of his |
644 | or her current term of office or, if the officer is |
645 | consecutively elected or reelected to an elective office |
646 | eligible for coverage under the Florida Retirement System, until |
647 | he or she no longer holds such an elective office, as follows: |
648 | a. At the end of the 60-month DROP period: |
649 | (I) The officer's DROP account shall accrue no additional |
650 | monthly benefits, but shall continue to earn interest as |
651 | provided in s. 121.091(13). |
652 | (II) No retirement contributions shall be required of the |
653 | employer of the elected officer and no additional retirement |
654 | credit shall be earned under the Florida Retirement System. |
655 | b. Nothing herein shall prevent an elected officer from |
656 | voluntarily terminating his or her elective office at any time |
657 | and electing to receive his or her DROP proceeds. However, until |
658 | termination requirements are fulfilled as provided in s. |
659 | 121.021(39), any elected officer whose termination limitations |
660 | are extended by this section shall be ineligible for renewed |
661 | membership in the system and shall receive no pension payments, |
662 | DROP lump sum payments, or any other state payment other than |
663 | the statutorily determined salary, travel, and per diem for the |
664 | elective office. |
665 | c. Upon termination, the officer shall receive his or her |
666 | accumulated DROP account, plus interest, and shall accrue and |
667 | commence receiving monthly retirement benefits, which shall be |
668 | paid on a prospective basis only. |
669 |
|
670 | However, an officer electing to participate in the Deferred |
671 | Retirement Option Program on or before June 30, 2002, shall not |
672 | be required to terminate and shall remain subject to the |
673 | provisions of this subparagraph as adopted in section 1 of |
674 | chapter 2001-235, Laws of Florida. |
675 | (2) Upon attaining his or her normal retirement date and |
676 | payment of the amount specified in paragraphs (1)(b) and (c) |
677 | (1)(a) and (b), and upon application to the administrator of the |
678 | intent to retire, the member shall receive a monthly benefit |
679 | under this section, in addition to any benefits already being |
680 | received, which shall commence on the last day of the month of |
681 | retirement and be payable on the last day of the month |
682 | thereafter during his or her lifetime. The amount of such |
683 | monthly benefit shall be the total percentage of retirement |
684 | credit purchased under this section multiplied by the member's |
685 | average monthly compensation as an elected officer, adjusted |
686 | according to the option selected at retirement under s. |
687 | 121.091(6). |
688 | Section 6. Paragraph (f) of subsection (1) and paragraphs |
689 | (c) and (e) of subsection (6) of section 121.055, Florida |
690 | Statutes, are amended to read: |
691 | 121.055 Senior Management Service Class.--There is hereby |
692 | established a separate class of membership within the Florida |
693 | Retirement System to be known as the "Senior Management Service |
694 | Class," which shall become effective February 1, 1987. |
695 | (1) |
696 | (f) Effective July 1, 1997: |
697 | 1. Except as provided in subparagraph 3., any elected |
698 | state officer eligible for membership in the Elected Officers' |
699 | Class under s. 121.052(2)(a), (b), or (c) who elects membership |
700 | in the Senior Management Service Class under s. 121.052(3)(c) |
701 | may, within 6 months after assuming office or within 6 months |
702 | after this act becomes a law for serving elected state officers, |
703 | elect to participate in the Senior Management Service Optional |
704 | Annuity Program, as provided in subsection (6), in lieu of |
705 | membership in the Senior Management Service Class. |
706 | 2. Except as provided in subparagraph 3., any elected |
707 | county officer of a local agency employer eligible for |
708 | membership in the Elected Officers' Class under s. 121.052(2)(d) |
709 | who elects membership in the Senior Management Service Class |
710 | under s. 121.052(3)(c) may, within 6 months after assuming |
711 | office, or within 6 months after this act becomes a law for |
712 | serving elected county officers of a local agency employer, |
713 | elect to withdraw from the Florida Retirement System participate |
714 | in a lifetime monthly annuity program, as provided in |
715 | subparagraph (b)2., in lieu of membership in the Senior |
716 | Management Service Class. |
717 | 3. Any retiree of a state-administered retirement system |
718 | who is initially reemployed on or after January 1, 2010, as an |
719 | elected official eligible for Elected Officers' Class membership |
720 | shall not be eligible for renewed membership in the Senior |
721 | Management Service Optional Annuity Program as provided in |
722 | subsection (6) or to withdraw from the Florida Retirement System |
723 | as a renewed member as provided in subparagraph (b)2., as |
724 | applicable, in lieu of Senior Management Service Class |
725 | membership. |
726 | (6) |
727 | (c) Participation.-- |
728 | 1. Any eligible employee who is employed on or before |
729 | February 1, 1987, may elect to participate in the optional |
730 | annuity program in lieu of participation in the Senior |
731 | Management Service Class. Such election shall be made in writing |
732 | and filed with the department and the personnel officer of the |
733 | employer on or before May 1, 1987. Any eligible employee who is |
734 | employed on or before February 1, 1987, and who fails to make an |
735 | election to participate in the optional annuity program by May |
736 | 1, 1987, shall be deemed to have elected membership in the |
737 | Senior Management Service Class. |
738 | 2. Except as provided in subparagraph 6., any employee who |
739 | becomes eligible to participate in the optional annuity program |
740 | by reason of initial employment commencing after February 1, |
741 | 1987, may, within 90 days after the date of commencement of |
742 | employment, elect to participate in the optional annuity |
743 | program. Such election shall be made in writing and filed with |
744 | the personnel officer of the employer. Any eligible employee who |
745 | does not within 90 days after commencement of such employment |
746 | elect to participate in the optional annuity program shall be |
747 | deemed to have elected membership in the Senior Management |
748 | Service Class. |
749 | 3. A person who is appointed to a position in the Senior |
750 | Management Service Class and who is a member of an existing |
751 | retirement system or the Special Risk or Special Risk |
752 | Administrative Support Classes of the Florida Retirement System |
753 | may elect to remain in such system or class in lieu of |
754 | participation in the Senior Management Service Class or optional |
755 | annuity program. Such election shall be made in writing and |
756 | filed with the department and the personnel officer of the |
757 | employer within 90 days of such appointment. Any eligible |
758 | employee who fails to make an election to participate in the |
759 | existing system, the Special Risk Class of the Florida |
760 | Retirement System, the Special Risk Administrative Support Class |
761 | of the Florida Retirement System, or the optional annuity |
762 | program shall be deemed to have elected membership in the Senior |
763 | Management Service Class. |
764 | 4. Except as provided in subparagraph 5., an employee's |
765 | election to participate in the optional annuity program is |
766 | irrevocable as long as such employee continues to be employed in |
767 | an eligible position and continues to meet the eligibility |
768 | requirements set forth in this paragraph. |
769 | 5. Effective from July 1, 2002, through September 30, |
770 | 2002, any active employee in a regularly established position |
771 | who has elected to participate in the Senior Management Service |
772 | Optional Annuity Program has one opportunity to choose to move |
773 | from the Senior Management Service Optional Annuity Program to |
774 | the Florida Retirement System defined benefit program. |
775 | a. The election must be made in writing and must be filed |
776 | with the department and the personnel officer of the employer |
777 | before October 1, 2002, or, in the case of an active employee |
778 | who is on a leave of absence on July 1, 2002, within 90 days |
779 | after the conclusion of the leave of absence. This election is |
780 | irrevocable. |
781 | b. The employee will receive service credit under the |
782 | defined benefit program of the Florida Retirement System equal |
783 | to his or her years of service under the Senior Management |
784 | Service Optional Annuity Program. The cost for such credit shall |
785 | be an amount representing the present value of that employee's |
786 | accumulated benefit obligation for the affected period of |
787 | service. |
788 | c. The employee must transfer the total accumulated |
789 | employer contributions and earnings on deposit in his or her |
790 | Senior Management Service Optional Annuity Program account. If |
791 | the transferred amount is not sufficient to pay the amount due, |
792 | the employee must pay a sum representing the remainder of the |
793 | amount due. In no case may the employee retain any employer |
794 | contributions or earnings thereon from the Senior Management |
795 | Service Optional Annuity Program account. |
796 | 6. Any retiree of a state-administered retirement system |
797 | who is initially reemployed on or after January 1, 2010, shall |
798 | not be eligible for renewed membership in the Senior Management |
799 | Service Optional Annuity Program. |
800 | (e) Benefits.-- |
801 | 1. Benefits shall be payable under the Senior Management |
802 | Service Optional Annuity Program only to participants in the |
803 | program, or their beneficiaries as designated by the participant |
804 | in the contract with a provider company, and such benefits shall |
805 | be paid by the designated company in accordance with the terms |
806 | of the annuity contract or contracts applicable to the |
807 | participant. A participant must be terminated from all |
808 | employment with all Florida Retirement System employers as |
809 | provided in s. 121.021(39) to begin receiving the employer- |
810 | funded benefit. Benefits funded by employer contributions shall |
811 | be payable under the terms of the contract only as a lifetime |
812 | annuity to the participant, his or her beneficiary, or his or |
813 | her estate, in addition to except for: |
814 | a. A lump-sum payment to the beneficiary upon the death of |
815 | the participant; |
816 | b. A cash-out of a de minimis account upon the request of |
817 | a former participant who has been terminated for a minimum of 6 |
818 | months from the employment that entitled him or her to optional |
819 | annuity program participation. A de minimis account is an |
820 | account with a provider company containing employer |
821 | contributions and accumulated earnings of not more than $5,000 |
822 | made under the provisions of this chapter. Such cash-out must be |
823 | a complete liquidation of the account balance with that company |
824 | and is subject to the provisions of the Internal Revenue Code; |
825 | c. A mandatory distribution of a de minimis account of a |
826 | former participant who has been terminated for a minimum of 6 |
827 | months from the employment that entitled him or her to optional |
828 | annuity program participation as authorized by the department; |
829 | or |
830 | d.c. A lump-sum direct rollover distribution whereby all |
831 | accrued benefits, plus interest and investment earnings, are |
832 | paid from the participant's account directly to the custodian of |
833 | an eligible retirement plan, as defined in s. 402(c)(8)(B) of |
834 | the Internal Revenue Code, on behalf of the participant. |
835 |
|
836 | As used in this subparagraph, a "de minimis account" means an |
837 | account with a provider company containing employer |
838 | contributions and accumulated earnings of not more than $5,000 |
839 | made under this chapter. |
840 | 2. The benefits payable to any person under the Senior |
841 | Management Service Optional Annuity Program, and any |
842 | contribution accumulated under such program, shall not be |
843 | subject to assignment, execution, or attachment or to any legal |
844 | process whatsoever. |
845 | 3. Except as provided in subparagraph 4., a participant |
846 | who terminates employment and receives optional annuity program |
847 | benefits funded by employer contributions shall be deemed to be |
848 | retired from a state-administered retirement system in the event |
849 | of subsequent employment with any employer that participates in |
850 | the Florida Retirement System. |
851 | 4. A participant who receives optional annuity program |
852 | benefits funded by employer contributions as a mandatory |
853 | distribution of a de minimis account authorized by the |
854 | department will not be considered a retiree. |
855 | Section 7. Paragraph (a) of subsection (6) of section |
856 | 121.071, Florida Statutes, is amended to read: |
857 | 121.071 Contributions.--Contributions to the system shall |
858 | be made as follows: |
859 | (6)(a) Required employee contributions for all service |
860 | other than current service, including, but not limited to, prior |
861 | service, past service, military service, leave-of-absence |
862 | service, out-of-state service, and certain non-Florida |
863 | Retirement System in-state service, shall be paid by cash, |
864 | personal check, cashier's check, or money order, or a direct |
865 | rollover or transfer from a qualified plan as provided under the |
866 | Internal Revenue Code. The payment must only; shall be |
867 | accompanied by a statement identifying the service for which |
868 | payment is made; and shall be made in a lump sum for the total |
869 | amount due or in annual payments of not less than $100, except |
870 | for the final payment if less than $100, unless another method |
871 | of payment is authorized by law or rule. |
872 | Section 8. Paragraphs (a), (b), (e), (f), and (h) of |
873 | subsection (1) of section 121.081, Florida Statutes, are amended |
874 | to read: |
875 | 121.081 Past service; prior service; |
876 | contributions.--Conditions under which past service or prior |
877 | service may be claimed and credited are: |
878 | (1)(a) Past service, as defined in s. 121.021(18), may be |
879 | claimed as creditable service by officers or employees of a |
880 | city, metropolitan planning organization, charter school, |
881 | charter technical career center, or special district who that |
882 | become a covered group under this system. The governing body of |
883 | a covered group in compliance with s. 121.051(2)(b) may elect to |
884 | provide benefits with respect to past service earned prior to |
885 | January 1, 1975, in accordance with this chapter, and the cost |
886 | for such past service shall be established by applying the |
887 | following formula: The member contribution for both regular and |
888 | special risk members shall be 4 percent of the gross annual |
889 | salary for each year of past service claimed, plus 4-percent |
890 | employer matching contribution, plus 4-percent interest thereon |
891 | compounded annually, figured on each year of past service, with |
892 | interest compounded from date of annual salary earned until July |
893 | 1, 1975, and 6.5-percent interest compounded annually thereafter |
894 | until date of payment. Once the total cost for a member has been |
895 | figured to date, then after July 1, 1975, 6.5-percent compounded |
896 | interest shall be added each June 30 thereafter on any unpaid |
897 | balance until the cost of such past service liability is paid in |
898 | full. The following formula shall be used in calculating past |
899 | service earned prior to January 1, 1975: (Annual gross salary |
900 | multiplied by 8 percent) multiplied by the 4-percent or 6.5- |
901 | percent compound interest table factor, as may be applicable. |
902 | The resulting product equals cost to date for each particular |
903 | year of past service. |
904 | (b) Past service earned after January 1, 1975, may be |
905 | claimed by officers or employees of a city, metropolitan |
906 | planning organization, charter school, charter technical career |
907 | center, or special district who become that becomes a covered |
908 | group under this system. The governing body of a covered group |
909 | may elect to provide benefits with respect to past service |
910 | earned after January 1, 1975, in accordance with this chapter, |
911 | and the cost for such past service shall be established by |
912 | applying the following formula: The employer shall contribute an |
913 | amount equal to the contribution rate in effect at the time the |
914 | service was earned, multiplied by the employee's gross salary |
915 | for each year of past service claimed, plus 6.5-percent interest |
916 | thereon, compounded annually, figured on each year of past |
917 | service, with interest compounded from date of annual salary |
918 | earned until date of payment. |
919 | (e) Past service, as defined in s. 121.021(18), may be |
920 | claimed as creditable service by a member of the Florida |
921 | Retirement System who formerly was an officer or employee of a |
922 | city, metropolitan planning organization, charter school, |
923 | charter technical career center, or special district, |
924 | notwithstanding the status or form of the retirement system, if |
925 | any, of that city, metropolitan planning organization, charter |
926 | school, charter technical career center, or special district and |
927 | irrespective of whether officers or employees of that city, |
928 | metropolitan planning organization, charter school, charter |
929 | technical career center, or special district now or hereafter |
930 | become a covered group under the Florida Retirement System. Such |
931 | member may claim creditable service and be entitled to the |
932 | benefits accruing to the regular class of members as provided |
933 | for the past service claimed under this paragraph by paying into |
934 | the retirement trust fund an amount equal to the total actuarial |
935 | cost of providing the additional benefit resulting from such |
936 | past-service credit, discounted by the applicable actuarial |
937 | factors to date of retirement. |
938 | (f) If When any person, either prior to this act or |
939 | hereafter, becomes entitled to and participates does participate |
940 | in one of the retirement systems under consolidated within or |
941 | created by this chapter through the consolidation or merger of |
942 | governments or the transfer of functions between units of |
943 | government, either at the state or local level or between state |
944 | and local units, or through the assumption of functions or |
945 | activities by a state or local unit from an employing |
946 | governmental entity that which was not an employer under the |
947 | system, and such person becomes a member of the Florida |
948 | Retirement System, such person is shall be entitled to receive |
949 | past-service credit as defined in s. 121.021(18) for the time |
950 | the such person performed services for, and was an employee of, |
951 | such state or local unit or other governmental employing entity |
952 | prior to the transfer, merger, consolidation, or assumption of |
953 | functions and activities. Past-service credit allowed by this |
954 | paragraph is shall also be available to any person who becomes a |
955 | member of an existing system, as defined in s. 121.021(2), prior |
956 | to December 1, 1970, through the transfer, merger, |
957 | consolidation, or assumption of functions and activities set |
958 | forth in this paragraph and who subsequently becomes a member of |
959 | the Florida Retirement System. However, credit for the past |
960 | service may not be granted until contributions are made in the |
961 | manner provided in this subsection. If a person rejected Florida |
962 | Retirement System membership at the time of the transfer, |
963 | merger, or consolidation, or assumption of governmental |
964 | functions and activities, the required contributions shall be at |
965 | total actuarial cost as specified in paragraph (e). Such |
966 | contributions or accrued interest may not be paid from any |
967 | public state funds. |
968 | (h) The following provisions apply to the purchase of past |
969 | service: |
970 | 1. Notwithstanding any of the provisions of this |
971 | subsection, past-service credit may not be purchased under this |
972 | chapter for any service that is used to obtain a pension or |
973 | benefit from a any local retirement system. Eligibility to |
974 | receive or the receipt of contributions to a retirement plan |
975 | made by the employer on behalf of the employee is considered a |
976 | benefit. |
977 | 2. A member may not receive past service credit under |
978 | paragraphs (a), (b), (e), or (f) for any leaves of absence |
979 | without pay, except that credit for active military service |
980 | leaves of absence may be claimed under paragraphs (a), (b), and |
981 | (f), in accordance with s. 121.111(1). |
982 | 3. A member may not receive past service credit for co- |
983 | employer service. Co-employer service or a co-employer |
984 | relationship is employment in a single position simultaneously |
985 | covered and reported by both a public employer and a private |
986 | employer. |
987 | 4.3. If a member does not want desire to receive credit |
988 | for all of his or her past service, the period the member claims |
989 | must be the most recent past service prior to his or her |
990 | participation in the Florida Retirement System. |
991 | 5.4. The cost of past service purchased by an employing |
992 | agency for its employees may be amortized over the such period |
993 | of time as is provided in the agreement, but not to exceed 15 |
994 | years, calculated in accordance with rule 60S-1.007(5)(f), |
995 | Florida Administrative Code. |
996 | 6.5. The retirement account of each member for whom past |
997 | service is being provided by his or her employer shall be |
998 | credited with all past service the employer agrees to purchase |
999 | as soon as the agreement between the employer and the department |
1000 | is executed. Pursuant thereto: |
1001 | a. Each such member's account shall also be posted with |
1002 | the total contribution his or her employer agrees to make on in |
1003 | the member's behalf for past service earned prior to October 1, |
1004 | 1975, excluding those contributions representing the employer's |
1005 | matching share and the compound interest calculation on the |
1006 | total contribution. However, a portion of any contributions paid |
1007 | by an employer for past service credit earned on and after |
1008 | October 1, 1975, may not be posted to the a member's account. |
1009 | b. A refund of contributions payable after an employer has |
1010 | made a written agreement to purchase past service for employees |
1011 | of the covered group includes shall include contributions for |
1012 | past service which are posted to the a member's account. |
1013 | However, contributions for past service earned on and after |
1014 | October 1, 1975, are not refundable. |
1015 | Section 9. Paragraphs (b) and (c) of subsection (9) and |
1016 | subsections (13) and (14) of section 121.091, Florida Statutes, |
1017 | are amended to read: |
1018 | 121.091 Benefits payable under the system.--Benefits may |
1019 | not be paid under this section unless the member has terminated |
1020 | employment as provided in s. 121.021(39)(a) or begun |
1021 | participation in the Deferred Retirement Option Program as |
1022 | provided in subsection (13), and a proper application has been |
1023 | filed in the manner prescribed by the department. The department |
1024 | may cancel an application for retirement benefits when the |
1025 | member or beneficiary fails to timely provide the information |
1026 | and documents required by this chapter and the department's |
1027 | rules. The department shall adopt rules establishing procedures |
1028 | for application for retirement benefits and for the cancellation |
1029 | of such application when the required information or documents |
1030 | are not received. |
1031 | (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.-- |
1032 | (b)1. Any person who is retired under this chapter, except |
1033 | under the disability retirement provisions of subsection (4), |
1034 | may be reemployed by any private or public employer after |
1035 | retirement and receive retirement benefits and compensation from |
1036 | the his or her employer without limitation any limitations, |
1037 | except that the a person may not receive both a salary from |
1038 | reemployment with any agency participating in the Florida |
1039 | Retirement System and retirement benefits under this chapter for |
1040 | a period of 12 calendar months immediately after meeting |
1041 | subsequent to the definition of termination in s. 121.021(39) |
1042 | date of retirement. However, a DROP participant may shall |
1043 | continue employment and receive a salary during the period of |
1044 | participation in DROP the Deferred Retirement Option Program, as |
1045 | provided in subsection (13). |
1046 | 2. Any person to whom the limitation in subparagraph 1. |
1047 | applies who violates such reemployment limitation and who is |
1048 | reemployed with any agency participating in the Florida |
1049 | Retirement System after he or she has been retired and met the |
1050 | definition of termination in s. 121.021(39) but before |
1051 | completion of the 12-month limitation period must shall give |
1052 | timely notice of this fact in writing to the employer and to the |
1053 | Division of Retirement and shall have his or her retirement |
1054 | benefits suspended while employed during for the balance of the |
1055 | 12-month limitation period unless the person exceeds the 780- |
1056 | hour limitation in subparagraph 4. or subparagraph 5. Any person |
1057 | employed in violation of this subparagraph paragraph and any |
1058 | employing agency that which knowingly employs or appoints such |
1059 | person without notifying the division of Retirement to suspend |
1060 | retirement benefits are shall be jointly and severally liable |
1061 | for reimbursement to the retirement trust fund of any benefits |
1062 | paid during the reemployment limitation period. To avoid |
1063 | liability, the such employing agency must shall have a written |
1064 | statement from the retiree that he or she is not retired from a |
1065 | state-administered retirement system. Any retirement benefits |
1066 | received by a retired member while reemployed during this |
1067 | reemployment limitation period must shall be repaid to the |
1068 | Florida Retirement System Trust Fund, and retirement benefits |
1069 | shall remain suspended until such repayment is has been made. |
1070 | Benefits suspended beyond the reemployment limitation shall |
1071 | apply toward repayment of benefits received in violation of the |
1072 | reemployment limitation. |
1073 | 3. A district school board may reemploy a retired member |
1074 | as a substitute or hourly teacher, education paraprofessional as |
1075 | defined in s. 1012.01(2)(e), transportation assistant, bus |
1076 | driver, or food service worker on a noncontractual basis after |
1077 | he or she has been retired and met the definition of termination |
1078 | for 1 calendar month, in accordance with s. 121.021(39). A |
1079 | district school board may reemploy a retired member as |
1080 | instructional personnel, as defined in s. 1012.01(2)(a), on an |
1081 | annual contractual basis after he or she has met the definition |
1082 | of termination been retired for 1 calendar month, in accordance |
1083 | with s. 121.021(39). Any other retired member who is reemployed |
1084 | before meeting the definition of termination voids within 1 |
1085 | calendar month after retirement shall void his or her |
1086 | application for retirement benefits. A district school board |
1087 | that reemploys boards reemploying such teachers, education |
1088 | paraprofessionals, transportation assistants, bus drivers, or |
1089 | food service workers is are subject to the retirement |
1090 | contribution required by subparagraph 9. 7. |
1091 | 4. A community college board of trustees may reemploy a |
1092 | retired member as an adjunct instructor, that is, an instructor |
1093 | who is noncontractual and part-time, or as a participant in a |
1094 | phased retirement program within the Florida Community College |
1095 | System, after he or she has been retired and met the definition |
1096 | of termination for 1 calendar month, in accordance with s. |
1097 | 121.021(39). Any retired member who is reemployed within 12 1 |
1098 | calendar months month after retirement voids shall void his or |
1099 | her application for retirement benefits. A board Boards of |
1100 | trustees that reemploys reemploying such instructors is are |
1101 | subject to the retirement contribution required in subparagraph |
1102 | 9. 7. A retired member may be reemployed as an adjunct |
1103 | instructor for no more than 780 hours during the first 12 |
1104 | calendar months after meeting the definition of termination |
1105 | retirement. Any retired member reemployed for more than 780 |
1106 | hours during the first 12 months of retirement must shall give |
1107 | timely notice in writing to the employer and to the Division of |
1108 | Retirement of the date he or she will exceed the limitation. The |
1109 | division shall suspend his or her retirement benefits for the |
1110 | remainder of the 12-month limitation period first 12 months of |
1111 | retirement. Any person employed in violation of this |
1112 | subparagraph and any employing agency that which knowingly |
1113 | employs or appoints such person without notifying the division |
1114 | of Retirement to suspend retirement benefits are shall be |
1115 | jointly and severally liable for reimbursement to the retirement |
1116 | trust fund of any benefits paid during the reemployment |
1117 | limitation period. To avoid liability, the such employing agency |
1118 | must shall have a written statement from the retiree that he or |
1119 | she is not retired from a state-administered retirement system. |
1120 | Any retirement benefits received by a retired member while |
1121 | reemployed in excess of 780 hours during the 12-month limitation |
1122 | period must first 12 months of retirement shall be repaid to the |
1123 | Florida Retirement System Trust Fund, and retirement benefits |
1124 | shall remain suspended until repayment is made. Benefits |
1125 | suspended beyond the end of the 12-month limitation period |
1126 | retired member's first 12 months of retirement shall apply |
1127 | toward repayment of benefits received in violation of the 780- |
1128 | hour reemployment limitation. |
1129 | 5. The State University System may reemploy a retired |
1130 | member as an adjunct faculty member or as a participant in a |
1131 | phased retirement program within the State University System |
1132 | after the retired member has met the definition of termination |
1133 | been retired for 1 calendar month, in accordance with s. |
1134 | 121.021(39). Any retired member who is reemployed before meeting |
1135 | the definition of termination voids within 1 calendar month |
1136 | after retirement shall void his or her application for |
1137 | retirement benefits. The State University System is subject to |
1138 | the retired contribution required in subparagraph 9. 7., as |
1139 | appropriate. A retired member may be reemployed as an adjunct |
1140 | faculty member or a participant in a phased retirement program |
1141 | for no more than 780 hours during the first 12 calendar months |
1142 | after meeting the definition of termination of his or her |
1143 | retirement. Any retired member reemployed for more than 780 |
1144 | hours during the 12-month limitation period must first 12 months |
1145 | of retirement shall give timely notice in writing to the |
1146 | employer and to the Division of Retirement of the date he or she |
1147 | will exceed the limitation. The division shall suspend his or |
1148 | her retirement benefits for the remainder of the 12-month |
1149 | limitation period first 12 months of retirement. Any person |
1150 | employed in violation of this subparagraph and any employing |
1151 | agency that which knowingly employs or appoints such person |
1152 | without notifying the division of Retirement to suspend |
1153 | retirement benefits are shall be jointly and severally liable |
1154 | for reimbursement to the retirement trust fund of any benefits |
1155 | paid during the reemployment limitation period. To avoid |
1156 | liability, such employing agency must shall have a written |
1157 | statement from the retiree that he or she is not retired from a |
1158 | state-administered retirement system. Any retirement benefits |
1159 | received by a retired member while reemployed in excess of 780 |
1160 | hours during the first 12 months of retirement must shall be |
1161 | repaid to the Florida Retirement System Trust Fund, and |
1162 | retirement benefits shall remain suspended until repayment is |
1163 | made. Benefits suspended beyond the end of the retired member's |
1164 | 12-month limitation period first 12 months of retirement shall |
1165 | apply toward repayment of benefits received in violation of the |
1166 | 780-hour reemployment limitation. |
1167 | 6. The Board of Trustees of the Florida School for the |
1168 | Deaf and the Blind may reemploy a retired member as a substitute |
1169 | teacher, substitute residential instructor, or substitute nurse |
1170 | on a noncontractual basis after he or she has met the definition |
1171 | of termination been retired for 1 calendar month, in accordance |
1172 | with s. 121.021(39). The Board of Trustees of the Florida School |
1173 | for the Deaf and the Blind may reemploy a retired member as |
1174 | instructional personnel, as defined in s. 1012.01(2)(a), on an |
1175 | annual contractual basis after he or she has been retired and |
1176 | met the definition of termination in s. 121.021(39). Any retired |
1177 | member who is reemployed before meeting the definition of |
1178 | termination voids within 1 calendar month after retirement shall |
1179 | void his or her application for retirement benefits. The Board |
1180 | of Trustees of the Florida School for the Deaf and the Blind |
1181 | reemploying such teachers, residential instructors, or nurses is |
1182 | subject to the retirement contribution required by subparagraph |
1183 | 9. 7. Reemployment of a retired member as a substitute teacher, |
1184 | substitute residential instructor, or substitute nurse is |
1185 | limited to 780 hours during the first 12 months of his or her |
1186 | retirement. Any retired member reemployed for more than 780 |
1187 | hours during the first 12 months of retirement shall give timely |
1188 | notice in writing to the employer and to the division of the |
1189 | date he or she will exceed the limitation. The division shall |
1190 | suspend his or her retirement benefits for the remainder of the |
1191 | first 12 months of retirement. Any person employed in violation |
1192 | of this subparagraph and any employing agency which knowingly |
1193 | employs or appoints such person without notifying the Division |
1194 | of Retirement to suspend retirement benefits shall be jointly |
1195 | and severally liable for reimbursement to the retirement trust |
1196 | fund of any benefits paid during the reemployment limitation |
1197 | period. To avoid liability, such employing agency shall have a |
1198 | written statement from the retiree that he or she is not retired |
1199 | from a state-administered retirement system. Any retirement |
1200 | benefits received by a retired member while reemployed in excess |
1201 | of 780 hours during the first 12 months of retirement shall be |
1202 | repaid to the Retirement System Trust Fund, and his or her |
1203 | retirement benefits shall remain suspended until payment is |
1204 | made. Benefits suspended beyond the end of the retired member's |
1205 | first 12 months of retirement shall apply toward repayment of |
1206 | benefits received in violation of the 780-hour reemployment |
1207 | limitation. |
1208 | 7. A developmental research school may reemploy a retired |
1209 | member as a substitute or hourly teacher or an education |
1210 | paraprofessional, as defined in s. 1012.01(2)(e), on a |
1211 | noncontractual basis after he or she has been retired and met |
1212 | the definition of termination in s. 121.021(39). A developmental |
1213 | research school may reemploy a retired member as instructional |
1214 | personnel, as defined in s. 1012.01(2)(a), on an annual |
1215 | contractual basis after he or she has been retired and met the |
1216 | definition of termination in s. 121.021(39). Any other retired |
1217 | member who is reemployed within 12 calendar months after |
1218 | retirement voids his or her application for retirement benefits. |
1219 | A developmental research school that reemploys retired teachers |
1220 | and education paraprofessionals is subject to the retirement |
1221 | contribution required by subparagraph 9. |
1222 | 8. A charter school may reemploy a retired member as a |
1223 | substitute or hourly teacher on a noncontractual basis after he |
1224 | or she has been retired and met the definition of termination in |
1225 | s. 121.021(39). A charter school may reemploy a retired member |
1226 | as instructional personnel, as defined in s. 1012.01(2)(a), on |
1227 | an annual contractual basis after he or she has been retired and |
1228 | met the definition of termination in s. 121.021(39). Any other |
1229 | retired member who is reemployed within 12 calendar months after |
1230 | retirement voids his or her application for retirement benefits. |
1231 | A charter school that reemploys such members is subject to the |
1232 | retirement contribution required by subparagraph 9. |
1233 | 9.a.7. The employment by an employer of a any retiree or |
1234 | DROP participant of a any state-administered retirement system |
1235 | does not affect shall have no effect on the average final |
1236 | compensation or years of creditable service of the retiree or |
1237 | DROP participant. |
1238 | b. Prior to July 1, 1991, upon employment of any person, |
1239 | other than an elected officer as provided in s. 121.053, who is |
1240 | has been retired under a any state-administered retirement |
1241 | program, the employer shall pay retirement contributions in an |
1242 | amount equal to the unfunded actuarial liability portion of the |
1243 | employer contribution which would be required for regular |
1244 | members of the Florida Retirement System. Effective July 1, |
1245 | 1991, contributions shall be made as provided in s. 121.122 for |
1246 | retirees who have with renewed membership or as provided in |
1247 | subsection (13) for with respect to DROP participants. |
1248 | c. Any person who is retired under a state-administered |
1249 | retirement program and who is initially reemployed on or after |
1250 | January 1, 2010, may not renew membership in the Florida |
1251 | Retirement System. The employer shall pay retirement |
1252 | contributions in an amount equal to the unfunded actuarial |
1253 | liability portion of the employer contribution that would be |
1254 | required for active members of the Florida Retirement System in |
1255 | addition to the contributions required by s. 121.76. |
1256 | 10.a.8. Any person who has previously retired and who is |
1257 | holding an elective public office or an appointment to an |
1258 | elective public office eligible for the Elected Officers' Class |
1259 | on or after July 1, 1990, through December 31, 2009, shall be |
1260 | enrolled in the Florida Retirement System as provided in s. |
1261 | 121.053(1)(c)(b) or, if holding an elective public office that |
1262 | does not qualify for the Elected Officers' Class on or after |
1263 | July 1, 1991, through December 31, 2009, shall be enrolled in |
1264 | the Florida Retirement System as provided in s. 121.122, and |
1265 | shall continue to receive retirement benefits as well as |
1266 | compensation for the elected officer's service for as long as he |
1267 | or she remains in elective office. However, any retired member |
1268 | who served in an elective office prior to July 1, 1990, |
1269 | suspended his or her retirement benefit, and had his or her |
1270 | Florida Retirement System membership reinstated shall, upon |
1271 | retirement from such office, have his or her retirement benefit |
1272 | recalculated to include the additional service and compensation |
1273 | earned. |
1274 | b. Any person who has retired and who is holding an |
1275 | elective public office or an appointment to an elective public |
1276 | office initially eligible for the Elected Officers' Class on or |
1277 | after January 1, 2010, shall not be enrolled in the Florida |
1278 | Retirement System as provided in s. 121.053(1)(c) or, if holding |
1279 | an elective public office that does not qualify for the Elected |
1280 | Officers' Class and is initially eligible on or after January 1, |
1281 | 2010, shall not be enrolled in the Florida Retirement System as |
1282 | provided in s. 121.122, and shall not continue to receive |
1283 | retirement benefits during the first 12 calendar months after |
1284 | meeting the definition of termination in s. 121.021(39). |
1285 | 11.9. Any person who is holding an elective public office |
1286 | which is covered by the Florida Retirement System and who is |
1287 | concurrently employed in nonelected covered employment may elect |
1288 | to retire while continuing employment in the elective public |
1289 | office if, provided that he or she terminates shall be required |
1290 | to terminate his or her nonelected covered employment. Any |
1291 | person who exercises this election shall receive his or her |
1292 | retirement benefits in addition to the compensation of the |
1293 | elective office without regard to the time limitations otherwise |
1294 | provided in this subsection. A No person who seeks to exercise |
1295 | the provisions of this subparagraph, as they the same existed |
1296 | prior to May 3, 1984, may not shall be deemed to be retired |
1297 | under those provisions, unless such person is eligible to retire |
1298 | under the provisions of this subparagraph, as amended by chapter |
1299 | 84-11, Laws of Florida. |
1300 | 12. The limitations of this paragraph apply to |
1301 | reemployment in any capacity with an employer irrespective of |
1302 | the category of funds from which the person is compensated. |
1303 | 13. The provisions of this paragraph regarding |
1304 | reemployment after retirement apply to DROP participants |
1305 | effective upon termination from employment and the end of DROP |
1306 | participation. |
1307 | 10. The limitations of this paragraph apply to |
1308 | reemployment in any capacity with an "employer" as defined in s. |
1309 | 121.021(10), irrespective of the category of funds from which |
1310 | the person is compensated. |
1311 | 11. An employing agency may reemploy a retired member as a |
1312 | firefighter or paramedic after the retired member has been |
1313 | retired for 1 calendar month, in accordance with s. 121.021(39). |
1314 | Any retired member who is reemployed within 1 calendar month |
1315 | after retirement shall void his or her application for |
1316 | retirement benefits. The employing agency reemploying such |
1317 | firefighter or paramedic is subject to the retired contribution |
1318 | required in subparagraph 8. Reemployment of a retired |
1319 | firefighter or paramedic is limited to no more than 780 hours |
1320 | during the first 12 months of his or her retirement. Any retired |
1321 | member reemployed for more than 780 hours during the first 12 |
1322 | months of retirement shall give timely notice in writing to the |
1323 | employer and to the division of the date he or she will exceed |
1324 | the limitation. The division shall suspend his or her retirement |
1325 | benefits for the remainder of the first 12 months of retirement. |
1326 | Any person employed in violation of this subparagraph and any |
1327 | employing agency which knowingly employs or appoints such person |
1328 | without notifying the Division of Retirement to suspend |
1329 | retirement benefits shall be jointly and severally liable for |
1330 | reimbursement to the Retirement System Trust Fund of any |
1331 | benefits paid during the reemployment limitation period. To |
1332 | avoid liability, such employing agency shall have a written |
1333 | statement from the retiree that he or she is not retired from a |
1334 | state-administered retirement system. Any retirement benefits |
1335 | received by a retired member while reemployed in excess of 780 |
1336 | hours during the first 12 months of retirement shall be repaid |
1337 | to the Retirement System Trust Fund, and retirement benefits |
1338 | shall remain suspended until repayment is made. Benefits |
1339 | suspended beyond the end of the retired member's first 12 months |
1340 | of retirement shall apply toward repayment of benefits received |
1341 | in violation of the 780-hour reemployment limitation. |
1342 | (c) The provisions of this subsection apply to retirees, |
1343 | as defined in s. 121.4501(2)(j), of the Public Employee Optional |
1344 | Retirement Program created in part II, subject to the following |
1345 | conditions: |
1346 | 1. Such retirees may not be reemployed with an employer |
1347 | participating in the Florida Retirement System as provided in |
1348 | paragraph (b) until such person has been retired for 12 3 |
1349 | calendar months, unless the participant has reached the normal |
1350 | retirement requirements of the defined benefit plan as provided |
1351 | in s. 121.021(29). |
1352 | 2. Such retiree employed in violation of this subsection |
1353 | and any employing agency that knowingly employs or appoints such |
1354 | person shall be jointly and severally liable for reimbursement |
1355 | of any benefits paid to the retirement trust fund from which the |
1356 | benefits were paid, including the Retirement System Trust Fund |
1357 | and the Public Employee Optional Retirement Program Trust Fund, |
1358 | as appropriate. To avoid liability, such employing agency must |
1359 | have a written statement from the retiree that he or she is not |
1360 | retired from a state-administered retirement system. |
1361 | (13) DEFERRED RETIREMENT OPTION PROGRAM.--In general, and |
1362 | subject to the provisions of this section, the Deferred |
1363 | Retirement Option Program, hereinafter referred to as the DROP, |
1364 | is a program under which an eligible member of the Florida |
1365 | Retirement System may elect to participate, deferring receipt of |
1366 | retirement benefits while continuing employment with his or her |
1367 | Florida Retirement System employer. The deferred monthly |
1368 | benefits shall accrue in the Florida Retirement System Trust |
1369 | Fund on behalf of the participant, plus interest compounded |
1370 | monthly, for the specified period of the DROP participation, as |
1371 | provided in paragraph (c). Upon termination of employment, the |
1372 | participant shall receive the total DROP benefits and begin to |
1373 | receive the previously determined normal retirement benefits. |
1374 | Participation in the DROP does not guarantee employment for the |
1375 | specified period of DROP. Participation in the DROP by an |
1376 | eligible member beyond the initial 60-month period as authorized |
1377 | in this subsection shall be on an annual contractual basis for |
1378 | all participants. |
1379 | (a) Eligibility of member to participate in the DROP.--All |
1380 | active Florida Retirement System members in a regularly |
1381 | established position, and all active members of either the |
1382 | Teachers' Retirement System established in chapter 238 or the |
1383 | State and County Officers' and Employees' Retirement System |
1384 | established in chapter 122, which systems are consolidated |
1385 | within the Florida Retirement System under s. 121.011, are |
1386 | eligible to elect participation in the DROP if provided that: |
1387 | 1. The member is not a renewed member of the Florida |
1388 | Retirement System under s. 121.122, or a member of the State |
1389 | Community College System Optional Retirement Program under s. |
1390 | 121.051, the Senior Management Service Optional Annuity Program |
1391 | under s. 121.055, or the optional retirement program for the |
1392 | State University System under s. 121.35. |
1393 | 2. Except as provided in subparagraph 6., election to |
1394 | participate is made within 12 months immediately following the |
1395 | date on which the member first reaches normal retirement date, |
1396 | or, for a member who reaches normal retirement date based on |
1397 | service before he or she reaches age 62, or age 55 for Special |
1398 | Risk Class members, election to participate may be deferred to |
1399 | the 12 months immediately following the date the member attains |
1400 | 57, or age 52 for Special Risk Class members. A member who |
1401 | delays DROP participation during the 12-month period immediately |
1402 | following his or her maximum DROP deferral date, except as |
1403 | provided in subparagraph 6., loses a month of DROP participation |
1404 | for each month delayed. For a member who first reached normal |
1405 | retirement date or the deferred eligibility date described above |
1406 | prior to the effective date of this section, election to |
1407 | participate shall be made within 12 months after the effective |
1408 | date of this section. A member who fails to make an election |
1409 | within the such 12-month limitation period forfeits shall |
1410 | forfeit all rights to participate in the DROP. The member shall |
1411 | advise his or her employer and the division in writing of the |
1412 | date on which the DROP begins shall begin. The Such beginning |
1413 | date may be subsequent to the 12-month election period, but must |
1414 | be within the original 60-month participation or, with respect |
1415 | to members who are instructional personnel employed by the |
1416 | Florida School for the Deaf and the Blind and who have received |
1417 | authorization by the Board of Trustees of the Florida School for |
1418 | the Deaf and the Blind to participate in the DROP beyond 60 |
1419 | months, or who are instructional personnel as defined in s. |
1420 | 1012.01(2)(a)-(d) in grades K-12 and who have received |
1421 | authorization by the district school superintendent to |
1422 | participate in the DROP beyond 60 months, the 96-month |
1423 | limitation period as provided in subparagraph (b)1. When |
1424 | establishing eligibility of the member to participate in the |
1425 | DROP for the 60-month or, with respect to members who are |
1426 | instructional personnel employed by the Florida School for the |
1427 | Deaf and the Blind and who have received authorization by the |
1428 | Board of Trustees of the Florida School for the Deaf and the |
1429 | Blind to participate in the DROP beyond 60 months, or who are |
1430 | instructional personnel as defined in s. 1012.01(2)(a)-(d) in |
1431 | grades K-12 and who have received authorization by the district |
1432 | school superintendent to participate in the DROP beyond 60 |
1433 | months, the 96-month maximum participation period, the member |
1434 | may elect to include or exclude any optional service credit |
1435 | purchased by the member from the total service used to establish |
1436 | the normal retirement date. A member who has with dual normal |
1437 | retirement dates is shall be eligible to elect to participate in |
1438 | DROP within 12 months after attaining normal retirement date in |
1439 | either class. |
1440 | 3. The employer of a member electing to participate in the |
1441 | DROP, or employers if dually employed, shall acknowledge in |
1442 | writing to the division the date the member's participation in |
1443 | the DROP begins and the date the member's employment and DROP |
1444 | participation will terminate. |
1445 | 4. Simultaneous employment of a participant by additional |
1446 | Florida Retirement System employers subsequent to the |
1447 | commencement of participation in the DROP is shall be |
1448 | permissible if provided such employers acknowledge in writing a |
1449 | DROP termination date no later than the participant's existing |
1450 | termination date or the maximum participation 60-month |
1451 | limitation period as provided in subparagraph (b)1. |
1452 | 5. A DROP participant may change employers while |
1453 | participating in the DROP, subject to the following: |
1454 | a. A change of employment must take place without a break |
1455 | in service so that the member receives salary for each month of |
1456 | continuous DROP participation. If a member receives no salary |
1457 | during a month, DROP participation shall cease unless the |
1458 | employer verifies a continuation of the employment relationship |
1459 | for such participant pursuant to s. 121.021(39)(b). |
1460 | b. Such participant and new employer shall notify the |
1461 | division of the identity of the new employer on forms required |
1462 | by the division as to the identity of the new employer. |
1463 | c. The new employer shall acknowledge, in writing, the |
1464 | participant's DROP termination date, which may be extended but |
1465 | not beyond the maximum participation original 60-month or, with |
1466 | respect to members who are instructional personnel employed by |
1467 | the Florida School for the Deaf and the Blind and who have |
1468 | received authorization by the Board of Trustees of the Florida |
1469 | School for the Deaf and the Blind to participate in the DROP |
1470 | beyond 60 months, or who are instructional personnel as defined |
1471 | in s. 1012.01(2)(a)-(d) in grades K-12 and who have received |
1472 | authorization by the district school superintendent to |
1473 | participate in the DROP beyond 60 months, the 96-month period |
1474 | provided in subparagraph (b)1., shall acknowledge liability for |
1475 | any additional retirement contributions and interest required if |
1476 | the participant fails to timely terminate employment, and is |
1477 | shall be subject to the adjustment required in sub-subparagraph |
1478 | (c)5.d. |
1479 | 6. Effective July 1, 2001, for instructional personnel as |
1480 | defined in s. 1012.01(2), election to participate in the DROP |
1481 | may shall be made at any time following the date on which the |
1482 | member first reaches normal retirement date. The member shall |
1483 | advise his or her employer and the division in writing of the |
1484 | date on which DROP begins the Deferred Retirement Option Program |
1485 | shall begin. When establishing eligibility of the member to |
1486 | participate in the DROP for the 60-month or, with respect to |
1487 | members who are instructional personnel employed by the Florida |
1488 | School for the Deaf and the Blind and who have received |
1489 | authorization by the Board of Trustees of the Florida School for |
1490 | the Deaf and the Blind to participate in the DROP beyond 60 |
1491 | months, or who are instructional personnel as defined in s. |
1492 | 1012.01(2)(a)-(d) in grades K-12 and who have received |
1493 | authorization by the district school superintendent to |
1494 | participate in the DROP beyond 60 months, the 96-month maximum |
1495 | participation period, as provided in subparagraph (b)1., the |
1496 | member may elect to include or exclude any optional service |
1497 | credit purchased by the member from the total service used to |
1498 | establish the normal retirement date. A member who has with dual |
1499 | normal retirement dates is shall be eligible to elect to |
1500 | participate in either class. |
1501 | (b) Participation in the DROP.-- |
1502 | 1.a. Except as provided in sub-subparagraph b., an |
1503 | eligible member may elect to participate in the DROP for a |
1504 | period not to exceed a maximum of 60 calendar months. or, with |
1505 | respect to |
1506 | b. Members who are instructional personnel employed by the |
1507 | Florida School for the Deaf and the Blind and authorized who |
1508 | have received authorization by the Board of Trustees of the |
1509 | Florida School for the Deaf and the Blind to participate in the |
1510 | DROP beyond 60 months, or who are instructional personnel as |
1511 | defined in s. 1012.01(2)(a)-(d) in grades K-12 and authorized |
1512 | who have received authorization by the district school |
1513 | superintendent to participate in the DROP beyond 60 calendar |
1514 | months, or who are instructional personnel as defined in s. |
1515 | 1012.01(2)(a) employed by a developmental research school and |
1516 | authorized by the school's director, or if the school has no |
1517 | director, by the school's principal, may participate in DROP for |
1518 | up to 36 calendar months beyond the 60-month period specified in |
1519 | sub-subparagraph a. 96 calendar months immediately following the |
1520 | date on which the member first reaches his or her normal |
1521 | retirement date or the date to which he or she is eligible to |
1522 | defer his or her election to participate as provided in |
1523 | subparagraph (a)2. However, a member who has reached normal |
1524 | retirement date prior to the effective date of the DROP shall be |
1525 | eligible to participate in the DROP for a period of time not to |
1526 | exceed 60 calendar months or, with respect to members who are |
1527 | instructional personnel employed by the Florida School for the |
1528 | Deaf and the Blind and who have received authorization by the |
1529 | Board of Trustees of the Florida School for the Deaf and the |
1530 | Blind to participate in the DROP beyond 60 months, or who are |
1531 | instructional personnel as defined in s. 1012.01(2)(a)-(d) in |
1532 | grades K-12 and who have received authorization by the district |
1533 | school superintendent to participate in the DROP beyond 60 |
1534 | calendar months, 96 calendar months immediately following the |
1535 | effective date of the DROP, except a member of the Special Risk |
1536 | Class who has reached normal retirement date prior to the |
1537 | effective date of the DROP and whose total accrued value exceeds |
1538 | 75 percent of average final compensation as of his or her |
1539 | effective date of retirement shall be eligible to participate in |
1540 | the DROP for no more than 36 calendar months immediately |
1541 | following the effective date of the DROP. |
1542 | 2. Upon deciding to participate in the DROP, the member |
1543 | shall submit, on forms required by the division: |
1544 | a. A written election to participate in the DROP; |
1545 | b. Selection of the DROP participation and termination |
1546 | dates that, which satisfy the limitations stated in paragraph |
1547 | (a) and subparagraph 1. The Such termination date must shall be |
1548 | in a binding letter of resignation to with the employer, |
1549 | establishing a deferred termination date. The member may change |
1550 | the termination date within the limitations of subparagraph 1., |
1551 | but only with the written approval of the his or her employer; |
1552 | c. A properly completed DROP application for service |
1553 | retirement as provided in this section; and |
1554 | d. Any other information required by the division. |
1555 | 3. The DROP participant is shall be a retiree under the |
1556 | Florida Retirement System for all purposes, except for paragraph |
1557 | (5)(f) and subsection (9) and ss. 112.3173, 112.363, 121.053, |
1558 | and 121.122. DROP participation is final and cannot be canceled |
1559 | by the participant after the first payment is credited during |
1560 | the DROP participation period. However, participation in the |
1561 | DROP does not alter the participant's employment status, and the |
1562 | member is such employee shall not be deemed retired from |
1563 | employment until his or her deferred resignation is effective |
1564 | and termination occurs as provided in s. 121.021(39). |
1565 | 4. Elected officers are shall be eligible to participate |
1566 | in the DROP subject to the following: |
1567 | a. An elected officer who reaches normal retirement date |
1568 | during a term of office may defer the election to participate in |
1569 | the DROP until the next succeeding term in that office. An Such |
1570 | elected officer who exercises this option may participate in the |
1571 | DROP for up to 60 calendar months or a period of no longer than |
1572 | the such succeeding term of office, whichever is less. |
1573 | b. An elected or a nonelected participant may run for a |
1574 | term of office while participating in DROP and, if elected, |
1575 | extend the DROP termination date accordingly;, except, however, |
1576 | if such additional term of office exceeds the 60-month |
1577 | limitation established in subparagraph 1., and the officer does |
1578 | not resign from office within such 60-month limitation, the |
1579 | retirement and the participant's DROP is shall be null and void |
1580 | as provided in sub-subparagraph (c)5.d. |
1581 | c.(I) For DROP participation ending before January 1, |
1582 | 2010, an elected officer who is dually employed and elects to |
1583 | participate in DROP must meet shall be required to satisfy the |
1584 | definition of termination in s. 121.021(39) within the original |
1585 | 60-month period or maximum participation, with respect to |
1586 | members who are instructional personnel employed by the Florida |
1587 | School for the Deaf and the Blind and who have received |
1588 | authorization by the Board of Trustees of the Florida School for |
1589 | the Deaf and the Blind to participate in the DROP beyond 60 |
1590 | months, or who are instructional personnel as defined in s. |
1591 | 1012.01(2)(a)-(d) in grades K-12 and who have received |
1592 | authorization by the district school superintendent to |
1593 | participate in the DROP beyond 60 months, the 96-month |
1594 | limitation period as provided in subparagraph 1. for the |
1595 | nonelected position and may continue employment as an elected |
1596 | officer as provided in s. 121.053. The elected officer shall |
1597 | will be enrolled as a renewed member in the Elected Officers' |
1598 | Class or the Regular Class, as provided in ss. 121.053 and |
1599 | 121.122, on the first day of the month after termination of |
1600 | employment in the nonelected position and termination of DROP. |
1601 | Distribution of the DROP benefits shall be made as provided in |
1602 | paragraph (c). |
1603 | (II) For DROP participation ending on or after January 1, |
1604 | 2010, an elected officer who is dually employed and elects to |
1605 | participate in DROP must meet the definition of termination in |
1606 | s. 121.021(39) within the original 60-month period or maximum |
1607 | participation period as provided in subparagraph 1. |
1608 | (c) Benefits payable under the DROP.-- |
1609 | 1. Effective on with the date of DROP participation, the |
1610 | member's initial normal monthly benefit, including creditable |
1611 | service, optional form of payment, and average final |
1612 | compensation, and the effective date of retirement are shall be |
1613 | fixed. The beneficiary established under the Florida Retirement |
1614 | System shall be the beneficiary eligible to receive any DROP |
1615 | benefits payable if the DROP participant dies prior to the |
1616 | completion of the period of DROP participation. If In the event |
1617 | a joint annuitant predeceases the member, the member may name a |
1618 | beneficiary to receive accumulated DROP benefits payable. The |
1619 | Such retirement benefit, the annual cost of living adjustments |
1620 | provided in s. 121.101, and interest shall accrue monthly in the |
1621 | Florida Retirement System Trust Fund. The Such interest shall |
1622 | accrue at an effective annual rate of 6.5 percent compounded |
1623 | monthly, on the prior month's accumulated ending balance, up to |
1624 | the month of termination or death. |
1625 | 2. Each employee who elects to participate in the DROP may |
1626 | shall be allowed to elect to receive a lump-sum payment for |
1627 | accrued annual leave earned in accordance with agency policy |
1628 | upon beginning participation in the DROP. The Such accumulated |
1629 | leave payment certified to the division upon commencement of |
1630 | DROP shall be included in the calculation of the member's |
1631 | average final compensation. The employee electing the such lump- |
1632 | sum payment is upon beginning participation in DROP will not be |
1633 | eligible to receive a second lump-sum payment upon termination, |
1634 | except to the extent the employee has earned additional annual |
1635 | leave which, combined with the original payment, does not exceed |
1636 | the maximum lump-sum payment allowed by the employing agency's |
1637 | policy or rules. An Such early lump-sum payment shall be based |
1638 | on the hourly wage of the employee at the time he or she begins |
1639 | participation in the DROP. If the member elects to wait and |
1640 | receive a such lump-sum payment upon termination of DROP and |
1641 | termination of employment with the employer, any accumulated |
1642 | leave payment made at that time may not cannot be included in |
1643 | the member's retirement benefit, which was determined and fixed |
1644 | by law when the employee elected to participate in the DROP. |
1645 | 3. The effective date of DROP participation and the |
1646 | effective date of retirement of a DROP participant shall be the |
1647 | first day of the month selected by the member to begin |
1648 | participation in the DROP, provided such date is properly |
1649 | established, with the written confirmation of the employer, and |
1650 | the approval of the division, on forms required by the division. |
1651 | 4. Normal retirement benefits and any interest thereon |
1652 | shall continue to accrue in the DROP until the established |
1653 | termination date of the DROP, or until the participant |
1654 | terminates employment or dies prior to such date. Although |
1655 | individual DROP accounts shall not be established, a separate |
1656 | accounting of each participant's accrued benefits under the DROP |
1657 | shall be calculated and provided to participants. |
1658 | 5. At the conclusion of the participant's DROP, the |
1659 | division shall distribute the participant's total accumulated |
1660 | DROP benefits, subject to the following provisions: |
1661 | a. The division shall receive verification by the |
1662 | participant's employer or employers that the such participant |
1663 | has terminated employment as provided in s. 121.021(39)(b). |
1664 | b. The terminated DROP participant or, if deceased, the |
1665 | such participant's named beneficiary, shall elect on forms |
1666 | provided by the division to receive payment of the DROP benefits |
1667 | in accordance with one of the options listed below. If For a |
1668 | participant or beneficiary who fails to elect a method of |
1669 | payment within 60 days after of termination of the DROP, the |
1670 | division shall will pay a lump sum as provided in sub-sub- |
1671 | subparagraph (I). |
1672 | (I) Lump sum.--All accrued DROP benefits, plus interest, |
1673 | less withholding taxes remitted to the Internal Revenue Service, |
1674 | shall be paid to the DROP participant or surviving beneficiary. |
1675 | (II) Direct rollover.--All accrued DROP benefits, plus |
1676 | interest, shall be paid from the DROP directly to the custodian |
1677 | of an eligible retirement plan as defined in s. 402(c)(8)(B) of |
1678 | the Internal Revenue Code. However, in the case of an eligible |
1679 | rollover distribution to the surviving spouse of a deceased |
1680 | participant, an eligible retirement plan is an individual |
1681 | retirement account or an individual retirement annuity as |
1682 | described in s. 402(c)(9) of the Internal Revenue Code. |
1683 | (III) Partial lump sum.--A portion of the accrued DROP |
1684 | benefits shall be paid to the DROP participant or surviving |
1685 | spouse, less withholding taxes remitted to the Internal Revenue |
1686 | Service, and the remaining DROP benefits shall be transferred |
1687 | directly to the custodian of an eligible retirement plan as |
1688 | defined in s. 402(c)(8)(B) of the Internal Revenue Code. |
1689 | However, in the case of an eligible rollover distribution to the |
1690 | surviving spouse of a deceased participant, an eligible |
1691 | retirement plan is an individual retirement account or an |
1692 | individual retirement annuity as described in s. 402(c)(9) of |
1693 | the Internal Revenue Code. The proportions shall be specified by |
1694 | the DROP participant or surviving beneficiary. |
1695 | c. The form of payment selected by the DROP participant or |
1696 | surviving beneficiary must comply complies with the minimum |
1697 | distribution requirements of the Internal Revenue Code. |
1698 | d. A DROP participant who fails to terminate employment as |
1699 | defined in s. 121.021(39)(b) shall be deemed as not to be |
1700 | retired, and the DROP election is shall be null and void. |
1701 | Florida Retirement System membership shall be reestablished |
1702 | retroactively to the date of the commencement of the DROP, and |
1703 | each employer with whom the participant continues employment |
1704 | must shall be required to pay to the Florida Retirement System |
1705 | Trust Fund the difference between the DROP contributions paid in |
1706 | paragraph (h) (i) and the contributions required for the |
1707 | applicable Florida Retirement System class of membership during |
1708 | the period the member participated in the DROP, plus 6.5 percent |
1709 | interest compounded annually. |
1710 | 6. The retirement benefits of any DROP participant who |
1711 | meets the definition of termination in s. 121.021(39)(b) but is |
1712 | in violation of the reemployment provisions as provided in |
1713 | subsection (9) shall be suspended during those months in which |
1714 | the member is in violation. Any member employed in violation of |
1715 | this subparagraph and any employing agency that employs or |
1716 | appoints such member without notifying the Division of |
1717 | Retirement to suspend retirement benefits are jointly and |
1718 | severally liable for any benefits paid during the reemployment |
1719 | limitation period. To avoid liability, the employing agency must |
1720 | have a written statement from the retiree that he or she is not |
1721 | retired from a state-administered retirement system. Any |
1722 | retirement benefits received by a retired member while employed |
1723 | in violation of the reemployment limitations during the first 12 |
1724 | months after meeting termination in s. 121.021(39) must be |
1725 | repaid to the Florida Retirement System Trust Fund, and his or |
1726 | her retirement benefits shall remain suspended until payment is |
1727 | made. Benefits suspended beyond the end of the retired member's |
1728 | first 12 calendar months after meeting the definition of |
1729 | termination in s. 121.021(39)(b) shall apply toward repayment of |
1730 | benefits received in violation of the reemployment limitation. |
1731 | 7.6. The accrued benefits of any DROP participant, and any |
1732 | contributions accumulated under the such program, are shall not |
1733 | be subject to assignment, execution, attachment, or to any legal |
1734 | process whatsoever, except for qualified domestic relations |
1735 | orders by a court of competent jurisdiction, income deduction |
1736 | orders as provided in s. 61.1301, and federal income tax levies. |
1737 | 8.7. DROP participants are shall not be eligible for |
1738 | disability retirement benefits as provided in subsection (4). |
1739 | (d) Death benefits under the DROP.-- |
1740 | 1. Upon the death of a DROP participant, the named |
1741 | beneficiary shall be entitled to apply for and receive the |
1742 | accrued benefits in the DROP as provided in sub-subparagraph |
1743 | (c)5.b. |
1744 | 2. The normal retirement benefit accrued to the DROP |
1745 | during the month of a participant's death shall be the final |
1746 | monthly benefit credited for such DROP participant. |
1747 | 3. Eligibility to participate in the DROP terminates upon |
1748 | death of the participant. If the participant dies on or after |
1749 | the effective date of enrollment in the DROP, but prior to the |
1750 | first monthly benefit being credited to the DROP, Florida |
1751 | Retirement System benefits shall be paid in accordance with |
1752 | subparagraph (7)(c)1. or subparagraph 2. |
1753 | 4. A DROP participant's participants' survivors shall not |
1754 | be eligible to receive Florida Retirement System death benefits |
1755 | as provided in paragraph (7)(d). |
1756 | (e) Cost-of-living adjustment.--On each July 1, the |
1757 | participant's participants' normal retirement benefit shall be |
1758 | increased as provided in s. 121.101. |
1759 | (f) Retiree health insurance subsidy.--DROP participants |
1760 | are not eligible to apply for the retiree health insurance |
1761 | subsidy payments as provided in s. 112.363 until such |
1762 | participants have terminated employment and participation in the |
1763 | DROP. |
1764 | (g) Renewed membership.--DROP participants shall not be |
1765 | eligible for renewed membership in the Florida Retirement System |
1766 | under ss. 121.053 and 121.122 until termination of employment is |
1767 | effectuated as provided in s. 121.021(39)(b). |
1768 | (g)(h) Employment limitation after DROP |
1769 | participation.--Upon satisfying the definition of termination of |
1770 | employment as provided in s. 121.021(39)(b), DROP participants |
1771 | shall be subject to such reemployment limitations as other |
1772 | retirees. Reemployment restrictions applicable to retirees as |
1773 | provided in subsection (9) shall not apply to DROP participants |
1774 | until their employment and participation in the DROP are |
1775 | terminated. |
1776 | (h)(i) Contributions.-- |
1777 | 1. All employers paying the salary of a DROP participant |
1778 | filling a regularly established position shall contribute 8.0 |
1779 | percent of such participant's gross compensation for the period |
1780 | of July 1, 2002, through June 30, 2003, and the percentage 11.56 |
1781 | percent of such compensation required by s. 121.71 thereafter, |
1782 | which shall constitute the entire employer DROP contribution |
1783 | with respect to such participant. Such contributions, payable to |
1784 | the Florida Retirement System Trust Fund in the same manner as |
1785 | required in s. 121.071, shall be made as appropriate for each |
1786 | pay period and are in addition to contributions required for |
1787 | social security and the Retiree Health Insurance Subsidy Trust |
1788 | Fund. Such employer, social security, and health insurance |
1789 | subsidy contributions are not included in the DROP. |
1790 | 2. The employer shall, in addition to subparagraph 1., |
1791 | also withhold one-half of the entire social security |
1792 | contribution required for the participant. Contributions for |
1793 | social security by each participant and each employer, in the |
1794 | amount required for social security coverage as now or hereafter |
1795 | provided by the federal Social Security Act, shall be in |
1796 | addition to contributions specified in subparagraph 1. |
1797 | 3. All employers paying the salary of a DROP participant |
1798 | filling a regularly established position shall contribute the |
1799 | percent of such participant's gross compensation required in s. |
1800 | 121.071(4), which shall constitute the employer's health |
1801 | insurance subsidy contribution with respect to such participant. |
1802 | Such contributions shall be deposited by the administrator in |
1803 | the Retiree Health Insurance Subsidy Trust Fund. |
1804 | (i)(j) Forfeiture of retirement benefits.--Nothing in this |
1805 | section shall be construed to remove DROP participants from the |
1806 | scope of s. 8(d), Art. II of the State Constitution, s. |
1807 | 112.3173, and paragraph (5)(f). DROP participants who commit a |
1808 | specified felony offense while employed will be subject to |
1809 | forfeiture of all retirement benefits, including DROP benefits, |
1810 | pursuant to those provisions of law. |
1811 | (j)(k) Administration of program.--The division shall make |
1812 | such rules as are necessary for the effective and efficient |
1813 | administration of this subsection. The division shall not be |
1814 | required to advise members of the federal tax consequences of an |
1815 | election related to the DROP but may advise members to seek |
1816 | independent advice. |
1817 | (14) PAYMENT OF BENEFITS.--This subsection applies to the |
1818 | payment of benefits to a payee (retiree or beneficiary) under |
1819 | the Florida Retirement System: |
1820 | (a) Federal income tax shall be withheld in accordance |
1821 | with federal law, unless the payee elects otherwise on Form W- |
1822 | 4P. The division shall prepare and distribute to each recipient |
1823 | of monthly retirement benefits an appropriate income tax form |
1824 | that reflects the recipient's income and federal income tax |
1825 | withheld for the calendar year just ended. |
1826 | (b) Subject to approval by the division in accordance with |
1827 | rule 60S-4.015, Florida Administrative Code, a payee receiving |
1828 | retirement benefits under the Florida Retirement system may also |
1829 | have the following payments deducted from his or her monthly |
1830 | benefit: |
1831 | 1. Premiums for life and health-related insurance policies |
1832 | from approved companies. |
1833 | 2. Life insurance premiums for the State Group Life |
1834 | Insurance Plan, if authorized in writing by the payee and by the |
1835 | department of Management Services. |
1836 | 3. Repayment of overpayments from the Florida Retirement |
1837 | System Trust Fund, the State Employees' Health Insurance Trust |
1838 | Fund, or the State Employees' Life Insurance Trust Fund, upon |
1839 | notification of the payee. |
1840 | 4. Payments to an alternate payee for alimony or, child |
1841 | support pursuant to an income deduction order under s. 61.1301, |
1842 | or division of marital assets pursuant to a qualified domestic |
1843 | relations order under s. 222.21 or an income deduction order |
1844 | under s. 61.1301. |
1845 | 5. Payments to the Internal Revenue Service for federal |
1846 | income tax levies, upon notification of the division by the |
1847 | Internal Revenue Service. |
1848 | (c) A payee must shall notify the division of any change |
1849 | in his or her address. The division may suspend benefit payments |
1850 | to a payee if correspondence sent to the payee's mailing address |
1851 | is returned due to an incorrect address. Benefit payments shall |
1852 | be resumed upon notification to the division of the payee's new |
1853 | address. |
1854 | (d) A payee whose retirement benefits are reduced by the |
1855 | application of maximum benefit limits under s. 415(b) of the |
1856 | Internal Revenue Code, as specified in s. 121.30(5), shall have |
1857 | the portion of his or her calculated benefit in the Florida |
1858 | Retirement System defined benefit plan which exceeds such |
1859 | federal limitation paid through the Florida Retirement System |
1860 | Preservation of Benefits Plan, as provided in s. 121.1001. |
1861 | (e) The Division of Retirement may issue retirement |
1862 | benefits payable for division of marital assets pursuant to a |
1863 | qualified domestic relations order directly to the alternate |
1864 | payee, any court order to the contrary notwithstanding, in order |
1865 | to meet Internal Revenue Code requirements. |
1866 | (f)(e) A No benefit may not be reduced for the purpose of |
1867 | preserving the member's eligibility for a federal program. |
1868 | (g)(f) The division shall adopt rules establishing |
1869 | procedures for determining that the persons to whom benefits are |
1870 | being paid are still living. The division shall suspend the |
1871 | benefits being paid to any payee if when it is unable to contact |
1872 | such payee and to confirm that he or she is still living. |
1873 | Section 10. Section 121.1115, Florida Statutes, is amended |
1874 | to read: |
1875 | 121.1115 Purchase of retirement credit for out-of-state or |
1876 | and federal service.--Effective January 1, 1995, a member of the |
1877 | Florida Retirement System may purchase creditable service for |
1878 | periods of public employment in another state and receive |
1879 | creditable service for such periods of employment. Service with |
1880 | the Federal Government, including any active military service, |
1881 | may be claimed. Upon completion of each year of service earned |
1882 | under the Florida Retirement System, a member may purchase up to |
1883 | 1 year of retirement credit for his or her out-of-state service, |
1884 | subject to the following provisions: |
1885 | (1) LIMITATIONS AND CONDITIONS.--To receive credit for the |
1886 | out-of-state service: |
1887 | (a) The out-of-state service being claimed must have been: |
1888 | 1. Performed in a position of employment with the state or |
1889 | a political subdivision thereof or with the Federal Government; |
1890 | 2. Covered by a retirement or pension plan provided by the |
1891 | state or political subdivision, or by the Federal Government, as |
1892 | appropriate; and |
1893 | 3. Performed prior to a period of membership in the |
1894 | Florida Retirement System. |
1895 | (b) The member must have completed a minimum of 6 years of |
1896 | creditable service under the Florida Retirement System, |
1897 | excluding out-of-state service and in-state service claimed and |
1898 | purchased under s. 121.1122. |
1899 | (c) Not more than 5 years of creditable service may be |
1900 | claimed for creditable service aggregated under the provisions |
1901 | of this section and s. 121.1122. |
1902 | (d) The out-of-state service credit claimed under this |
1903 | section shall be credited only as service in the Regular Class |
1904 | of membership, and any benefit or pension based thereon is shall |
1905 | be subject to the limitations and restrictions of s. 112.65. |
1906 | (e) The member is not eligible for and may not receive a |
1907 | pension or benefit from a retirement or pension plan based on or |
1908 | including the out-of-state service. Eligibility for or the |
1909 | receipt of contributions to a retirement plan made by the |
1910 | employer on behalf of the employee is considered a benefit. |
1911 | (f)(e) A member shall be eligible To receive service |
1912 | credit for out-of-state service performed after leaving the |
1913 | Florida Retirement System, the member must complete only upon |
1914 | return to membership and completion of at least 1 year of |
1915 | creditable service in the Florida Retirement System following |
1916 | the out-of-state service. |
1917 | (2) COST.--For each year claimed, the member must pay into |
1918 | the Florida Retirement System Trust Fund an amount equal to 20 |
1919 | percent of the member's annual compensation for the first full |
1920 | work year of creditable service earned under the Florida |
1921 | Retirement System, but not less than $12,000, plus interest at |
1922 | 6.5 percent compounded annually from the date of first annual |
1923 | salary earned until full payment is made. The employer may pay |
1924 | all or a portion of the cost of this service credit. |
1925 | Section 11. Subsection (2) of section 121.1122, Florida |
1926 | Statutes, is amended to read: |
1927 | 121.1122 Purchase of retirement credit for in-state public |
1928 | service and in-state service in accredited nonpublic schools and |
1929 | colleges, including charter schools and charter technical career |
1930 | centers.--Effective January 1, 1998, a member of the Florida |
1931 | Retirement System may purchase creditable service for periods of |
1932 | certain public or nonpublic employment performed in this state, |
1933 | as provided in this section. |
1934 | (2) LIMITATIONS AND CONDITIONS.-- |
1935 | (a) A member is not eligible to receive credit for in- |
1936 | state service under this section until he or she has completed 6 |
1937 | years of creditable service under the Florida Retirement System, |
1938 | excluding service purchased under this section and out-of-state |
1939 | service claimed and purchased under s. 121.1115. |
1940 | (b) A member may not purchase and receive credit for more |
1941 | than 5 years of creditable service aggregated under the |
1942 | provisions of this section and s. 121.1115. |
1943 | (c) Service credit claimed under this section shall be |
1944 | credited only as service in the Regular Class of membership and |
1945 | is shall be subject to the provisions of s. 112.65. |
1946 | (d) Service credit may not be purchased under this section |
1947 | if the member is eligible to receive or is receiving a pension |
1948 | or benefit from a retirement or pension plan based on or |
1949 | including the service. Eligibility for or the receipt of |
1950 | contributions to a retirement plan made by the employer on |
1951 | behalf of the employee is considered a benefit. |
1952 | (e)(d) A member is shall be eligible to receive service |
1953 | credit for in-state service performed after leaving the Florida |
1954 | Retirement System only after upon returning to membership and |
1955 | completing at least 1 year of creditable service in the Florida |
1956 | Retirement System following the in-state service. |
1957 | (f)(e) The service claimed must have been service covered |
1958 | by a retirement or pension plan provided by the employer. |
1959 | Section 12. Section 121.122, Florida Statutes, is amended |
1960 | to read: |
1961 | 121.122 Renewed membership in system.-- |
1962 | (1) Any retiree of a state-administered retirement system |
1963 | who is initially reemployed on or after January 1, 2010, shall |
1964 | not be eligible for renewed membership. |
1965 | (2) Except as provided in s. 121.053, effective July 1, |
1966 | 1991, through December 31, 2009, any retiree of a state- |
1967 | administered retirement system who is initially reemployed |
1968 | employed in a regularly established position with a covered |
1969 | employer shall be enrolled as a compulsory member of the Regular |
1970 | Class of the Florida Retirement System or, effective July 1, |
1971 | 1997, through December 31, 2009, any retiree of a state- |
1972 | administered retirement system who is initially reemployed |
1973 | employed in a position included in the Senior Management Service |
1974 | Class shall be enrolled as a compulsory member of the Senior |
1975 | Management Service Class of the Florida Retirement System as |
1976 | provided in s. 121.055, and shall be entitled to receive an |
1977 | additional retirement benefit, subject to the following |
1978 | conditions: |
1979 | (1)(a) Such member shall resatisfy the age and service |
1980 | requirements as provided in this chapter for initial membership |
1981 | under the system, unless such member elects to participate in |
1982 | the Senior Management Service Optional Annuity Program in lieu |
1983 | of the Senior Management Service Class, as provided in s. |
1984 | 121.055(6). |
1985 | (b) Such member shall not be entitled to disability |
1986 | benefits as provided in s. 121.091(4). |
1987 | (c) Such member must meet the reemployment after |
1988 | retirement limitations as provided in s. 121.091(9), as |
1989 | applicable. |
1990 | (3)(2) Upon renewed membership or reemployment of a |
1991 | retiree, the employer of such member shall pay the applicable |
1992 | employer contributions as required by ss. 121.71, 121.74, |
1993 | 121.76, and 112.363 121.055(3) and 121.071(1)(a) and (4). |
1994 | (4)(3) The retiree of a state-administered retirement |
1995 | system who is initially reemployed before January 1, 2010, Such |
1996 | member shall be entitled to purchase additional retirement |
1997 | credit in the Regular Class or the Senior Management Service |
1998 | Class, as applicable, for any postretirement service performed |
1999 | in a regularly established position as follows: |
2000 | (a) For regular class service prior to July 1, 1991, by |
2001 | paying the Regular Class applicable employee and employer |
2002 | contributions for the period being claimed, plus 4 percent |
2003 | interest compounded annually from first year of service claimed |
2004 | until July 1, 1975, and 6.5 percent interest compounded |
2005 | thereafter, until full payment is made to the Florida Retirement |
2006 | System Trust Fund; or |
2007 | (b) For Senior Management Service Class prior to June 1, |
2008 | 1997, as provided in s. 121.055(1)(j). |
2009 |
|
2010 | The contribution for postretirement service between July 1, |
2011 | 1985, and July 1, 1991, for which the reemployed retiree |
2012 | contribution was paid, shall be the difference between such |
2013 | contribution and the total applicable contribution for the |
2014 | period being claimed, plus interest. The employer of such member |
2015 | may pay the applicable employer contribution in lieu of the |
2016 | member. If a member does not wish to claim credit for all of the |
2017 | postretirement service for which he or she is eligible, the |
2018 | service the member claims must be the most recent service. |
2019 | (5)(4) No creditable service for which credit was |
2020 | received, or which remained unclaimed, at retirement may be |
2021 | claimed or applied toward service credit earned following |
2022 | renewed membership. However, for retirees initially reemployed |
2023 | before January 1, 2010, service earned as an elected officer |
2024 | with renewed membership in the Elected Officers' Class may be |
2025 | used in conjunction with creditable service earned under this |
2026 | section, provided the applicable vesting requirements and other |
2027 | existing statutory conditions required by this chapter are met. |
2028 | (6)(5) Notwithstanding any other limitations provided in |
2029 | this section, a participant of the State University System |
2030 | Optional Retirement Program, the State Community College |
2031 | Optional Retirement Program, or the Senior Management Service |
2032 | Optional Annuity Program who terminated employment and commenced |
2033 | receiving a distribution an annuity under the provisions of the |
2034 | optional program, who initially renews membership before January |
2035 | 1, 2010, in the Regular Class as required by this section upon |
2036 | reemployment after retirement, and who had previously earned |
2037 | creditable Florida Retirement System service that was not |
2038 | included in any retirement benefit may include such previous |
2039 | service toward vesting and service credit in the second career |
2040 | benefit provided under renewed membership. |
2041 | (7)(6) Any renewed member who is not receiving the maximum |
2042 | health insurance subsidy provided in s. 112.363 shall be |
2043 | entitled to earn additional credit toward the maximum health |
2044 | insurance subsidy. Any additional subsidy due because of such |
2045 | additional credit shall be received only at the time of payment |
2046 | of the second career retirement benefit. In no case shall the |
2047 | total health insurance subsidy received by a retiree receiving |
2048 | benefits from initial and renewed membership exceed the maximum |
2049 | allowed in s. 112.363. |
2050 | Section 13. Section 121.136, Florida Statutes, is amended |
2051 | to read: |
2052 | 121.136 Annual benefit statement to members.--In Beginning |
2053 | January 1, 1993, and each January of each year thereafter, the |
2054 | department shall provide each active member of the Florida |
2055 | Retirement System with 5 or more years of creditable service an |
2056 | annual statement of benefits that provides. Such statement |
2057 | should provide the member with basic data about the member's |
2058 | retirement account. At a minimum Minimally, it must shall |
2059 | include the member's retirement plan, accrued service credit the |
2060 | amount of funds on deposit in the retirement account, and an |
2061 | estimate of retirement benefits. |
2062 | Section 14. Section 121.1905, Florida Statutes, is amended |
2063 | to read: |
2064 | 121.1905 Division of Retirement; creation.-- |
2065 | (1) There is created the Division of Retirement within the |
2066 | Department of Management Services. |
2067 | (2) The mission of the Division of Retirement is to |
2068 | provide quality and cost-effective retirement services as |
2069 | measured by member satisfaction and by comparison with |
2070 | administrative costs of comparable retirement systems. |
2071 | Section 15. Paragraph (a) of subsection (2) of section |
2072 | 121.23, Florida Statutes, is amended to read: |
2073 | 121.23 Disability retirement and special risk membership |
2074 | applications; Retirement Commission; powers and duties; judicial |
2075 | review.--The provisions of this section apply to all proceedings |
2076 | in which the administrator has made a written final decision on |
2077 | the merits respecting applications for disability retirement, |
2078 | reexamination of retired members receiving disability benefits, |
2079 | applications for special risk membership, and reexamination of |
2080 | special risk members in the Florida Retirement System. The |
2081 | jurisdiction of the State Retirement Commission under this |
2082 | section shall be limited to written final decisions of the |
2083 | administrator on the merits. |
2084 | (2) A member shall be entitled to a hearing before the |
2085 | State Retirement Commission pursuant to ss. 120.569 and |
2086 | 120.57(1) on the merits of any written adverse decision of the |
2087 | administrator, if he or she files with the commission a written |
2088 | request for such hearing within 21 days after receipt of such |
2089 | written decision from the administrator. For the purpose of such |
2090 | hearings, the commission shall be an "agency head" as defined by |
2091 | s. 120.52. |
2092 | (a) The commission may shall have the authority to issue |
2093 | orders as a result of the a hearing that are shall be binding on |
2094 | all parties to the dispute and. The commission may order any |
2095 | action that it deems appropriate. Any disability retirement |
2096 | order of the commission that issued pursuant to this subsection |
2097 | which sustains the application of the member may include an |
2098 | amount, to be determined by the commission, for reasonable |
2099 | attorney's fees and taxable costs, which shall be calculated in |
2100 | accordance with the statewide uniform guidelines for taxation of |
2101 | costs in civil actions. The amount of the attorney's fees fee |
2102 | may not exceed 50 percent of the initial yearly benefit awarded |
2103 | under s. 121.091(4). In cases involving disability retirement, |
2104 | the State Retirement commission shall require the member to |
2105 | present substantial competent medical evidence that meets the |
2106 | requirements of s. 121.091(4)(c)2. and 3., and may require |
2107 | vocational evidence, before awarding disability retirement |
2108 | benefits. |
2109 | Section 16. Paragraph (a) of subsection (1) of section |
2110 | 121.24, Florida Statutes, is amended to read: |
2111 | 121.24 Conduct of commission business; legal and other |
2112 | assistance; compensation.-- |
2113 | (1) The commission shall conduct its business within the |
2114 | following guidelines: |
2115 | (a) For purposes of hearing appeals under s. 121.23, the |
2116 | commission may meet in panels consisting of no not fewer than |
2117 | three members. For the purpose of meeting in these panels, a |
2118 | quorum shall be not fewer than two members. For all other |
2119 | purposes, A quorum shall consist of three members. The |
2120 | concurring vote of a majority of the members present is shall be |
2121 | required to reach a decision, issue orders, and conduct the |
2122 | business of the commission. |
2123 | Section 17. Paragraph (h) of subsection (3) and paragraphs |
2124 | (a) and (e) of subsection (5) of section 121.35, Florida |
2125 | Statutes, are amended, and paragraph (g) is added to subsection |
2126 | (5) of that section, to read: |
2127 | 121.35 Optional retirement program for the State |
2128 | University System.-- |
2129 | (3) ELECTION OF OPTIONAL PROGRAM.-- |
2130 | (h) A participant in the optional retirement program may |
2131 | not participate in more than one state-administered retirement |
2132 | system, plan, or class simultaneously. Except as provided in s. |
2133 | 121.052(6)(d), a participant who is or becomes dually employed |
2134 | in two or more positions covered by the Florida Retirement |
2135 | System, one of which is eligible for the optional program and |
2136 | one of which is not, may remain a member of the optional program |
2137 | and contributions shall be paid as required only on the salary |
2138 | earned in the position eligible for the optional program during |
2139 | such period of dual employment; or, within 90 days after |
2140 | becoming dually employed, he or she may elect membership in the |
2141 | Regular Class of the Florida Retirement System in lieu of the |
2142 | optional program and contributions shall be paid as required on |
2143 | the total salary received for all employment. At retirement, the |
2144 | average final compensation used to calculate any benefits for |
2145 | which the member becomes eligible under the Florida Retirement |
2146 | System shall be based on all salary reported for both positions |
2147 | during such period of dual employment. When such member ceases |
2148 | to be dually employed, he or she may, within 90 days, elect to |
2149 | remain in the Florida Retirement System class for which he or |
2150 | she is eligible or to again become a participant in the optional |
2151 | retirement program. Failure to elect membership in the optional |
2152 | program within 90 days shall result in compulsory membership in |
2153 | the Florida Retirement System, except that a member filling a |
2154 | faculty position at under a college with a faculty practice plan |
2155 | at the University of Florida, or the medical center at the |
2156 | University of South Florida, or any other state university shall |
2157 | again participate in the optional retirement program as required |
2158 | in s. 121.051(1)(a). |
2159 | (5) BENEFITS.-- |
2160 | (a) Benefits shall be payable under the optional |
2161 | retirement program only to vested participants in the program, |
2162 | or their beneficiaries as designated by the participant in the |
2163 | contract with a provider company, and such benefits shall be |
2164 | paid only by the designated company in accordance with s. 403(b) |
2165 | of the Internal Revenue Code and in accordance with the terms of |
2166 | the annuity contract or contracts applicable to the participant. |
2167 | Benefits shall accrue in individual accounts that are |
2168 | participant-directed, portable, and funded by employer |
2169 | contributions and the earnings thereon. The participant must be |
2170 | terminated from all employment with all Florida Retirement |
2171 | System employers, as provided in s. 121.021(39), to begin |
2172 | receiving the employer-funded benefit. Benefits funded by |
2173 | employer contributions shall be payable in accordance with the |
2174 | following terms and conditions: |
2175 | 1. Benefits shall be payable only to a participant, to his |
2176 | or her beneficiaries, or to his or her estate, as designated by |
2177 | the participant. |
2178 | 2. Benefits shall be paid by the provider company or |
2179 | companies in accordance with the law, the provisions of the |
2180 | contract, and any applicable department board rule or policy. |
2181 | 3. In the event of a participant's death, moneys |
2182 | accumulated by, or on behalf of, the participant, less |
2183 | withholding taxes remitted to the Internal Revenue Service, if |
2184 | any, shall be distributed to the participant's designated |
2185 | beneficiary or beneficiaries, or to the participant's estate, as |
2186 | if the participant retired on the date of death, as provided in |
2187 | paragraph (c). No other death benefits shall be available for |
2188 | survivors of participants under the optional retirement program |
2189 | except for such benefits, or coverage for such benefits, as are |
2190 | separately afforded by the employer, at the employer's |
2191 | discretion. |
2192 | (e) A participant who chooses to receive his or her |
2193 | benefits upon termination of employment as defined in s. |
2194 | 121.021(39) shall have responsibility to notify the provider |
2195 | company of the date on which he or she wishes benefits funded by |
2196 | employer contributions to begin. Benefits may be deferred until |
2197 | such time as the participant chooses to make such application. |
2198 | (g) For purposes of this section, "retiree" means a former |
2199 | participant of the optional retirement program who has |
2200 | terminated employment and has taken a distribution as provided |
2201 | in this subsection, except for a mandatory distribution of a de |
2202 | minimis account authorized by the department. |
2203 | Section 18. Paragraph (f) of subsection (2) of section |
2204 | 121.4501, Florida Statutes, is amended to read: |
2205 | 121.4501 Public Employee Optional Retirement Program.-- |
2206 | (2) DEFINITIONS.--As used in this part, the term: |
2207 | (f) "Eligible employee" means an officer or employee, as |
2208 | defined in s. 121.021(11), who: |
2209 | 1. Is a member of, or is eligible for membership in, the |
2210 | Florida Retirement System, including any renewed member of the |
2211 | Florida Retirement System initially enrolled before January 1, |
2212 | 2010; or |
2213 | 2. Participates in, or is eligible to participate in, the |
2214 | Senior Management Service Optional Annuity Program as |
2215 | established under s. 121.055(6), the State Community College |
2216 | System Optional Retirement Program as established under s. |
2217 | 121.051(2)(c), or the State University System Optional |
2218 | Retirement Program established under s. 121.35. |
2219 |
|
2220 | The term does not include any member participating in the |
2221 | Deferred Retirement Option Program established under s. |
2222 | 121.091(13), a retiree of a state-administered retirement system |
2223 | initially reemployed on or after January 1, 2010, or a mandatory |
2224 | participant of the State University System Optional Retirement |
2225 | Program established under s. 121.35. |
2226 | Section 19. Paragraph (b) of subsection (1) of section |
2227 | 121.591, Florida Statutes, is amended to read: |
2228 | 121.591 Benefits payable under the Public Employee |
2229 | Optional Retirement Program of the Florida Retirement |
2230 | System.--Benefits may not be paid under this section unless the |
2231 | member has terminated employment as provided in s. |
2232 | 121.021(39)(a) or is deceased and a proper application has been |
2233 | filed in the manner prescribed by the state board or the |
2234 | department. The state board or department, as appropriate, may |
2235 | cancel an application for retirement benefits when the member or |
2236 | beneficiary fails to timely provide the information and |
2237 | documents required by this chapter and the rules of the state |
2238 | board and department. In accordance with their respective |
2239 | responsibilities as provided herein, the State Board of |
2240 | Administration and the Department of Management Services shall |
2241 | adopt rules establishing procedures for application for |
2242 | retirement benefits and for the cancellation of such application |
2243 | when the required information or documents are not received. The |
2244 | State Board of Administration and the Department of Management |
2245 | Services, as appropriate, are authorized to cash out a de |
2246 | minimis account of a participant who has been terminated from |
2247 | Florida Retirement System covered employment for a minimum of 6 |
2248 | calendar months. A de minimis account is an account containing |
2249 | employer contributions and accumulated earnings of not more than |
2250 | $5,000 made under the provisions of this chapter. Such cash-out |
2251 | must either be a complete lump-sum liquidation of the account |
2252 | balance, subject to the provisions of the Internal Revenue Code, |
2253 | or a lump-sum direct rollover distribution paid directly to the |
2254 | custodian of an eligible retirement plan, as defined by the |
2255 | Internal Revenue Code, on behalf of the participant. If any |
2256 | financial instrument issued for the payment of retirement |
2257 | benefits under this section is not presented for payment within |
2258 | 180 days after the last day of the month in which it was |
2259 | originally issued, the third-party administrator or other duly |
2260 | authorized agent of the State Board of Administration shall |
2261 | cancel the instrument and credit the amount of the instrument to |
2262 | the suspense account of the Public Employee Optional Retirement |
2263 | Program Trust Fund authorized under s. 121.4501(6). Any such |
2264 | amounts transferred to the suspense account are payable upon a |
2265 | proper application, not to include earnings thereon, as provided |
2266 | in this section, within 10 years after the last day of the month |
2267 | in which the instrument was originally issued, after which time |
2268 | such amounts and any earnings thereon shall be forfeited. Any |
2269 | such forfeited amounts are assets of the Public Employee |
2270 | Optional Retirement Program Trust Fund and are not subject to |
2271 | the provisions of chapter 717. |
2272 | (1) NORMAL BENEFITS.--Under the Public Employee Optional |
2273 | Retirement Program: |
2274 | (b) If a participant elects to receive his or her benefits |
2275 | upon termination of employment as defined in s. 121.021(39), the |
2276 | participant must submit a written application or an equivalent |
2277 | form to the third-party administrator indicating his or her |
2278 | preferred distribution date and selecting an authorized method |
2279 | of distribution as provided in paragraph (c). The participant |
2280 | may defer receipt of benefits until he or she chooses to make |
2281 | such application, subject to federal requirements. |
2282 | Section 20. Subsection (8) of section 1012.33, Florida |
2283 | Statutes, is amended to read: |
2284 | 1012.33 Contracts with instructional staff, supervisors, |
2285 | and school principals.-- |
2286 | (8) Notwithstanding any other provision of law, a retired |
2287 | any member who has retired may interrupt retirement and be |
2288 | reemployed in any public school. A Any member so reemployed by |
2289 | the same district from which he or she retired may be employed |
2290 | on a probationary contractual basis as provided in subsection |
2291 | (1); however, no regular retirement employee shall be eligible |
2292 | to renew membership under a retirement system created by chapter |
2293 | 121 or chapter 238. |
2294 | Section 21. Sections 121.093, 121.094, and 121.45, Florida |
2295 | Statutes, are repealed. |
2296 | Section 22. The Legislature finds that a proper and |
2297 | legitimate state purpose is served when employees and retirees |
2298 | of the state and its political subdivisions, as well as the |
2299 | dependents, survivors, and beneficiaries of such employees and |
2300 | retirees, are extended the basic protections afforded by |
2301 | governmental retirement systems that provide fair and adequate |
2302 | benefits and that are managed, administered, and funded in an |
2303 | actuarially sound manner as required by s. 14, Art. X of the |
2304 | State Constitution and part VII of chapter 112, Florida |
2305 | Statutes. Therefore, the Legislature determines and declares |
2306 | that the amendment of s. 121.091, Florida Statutes, by this act |
2307 | fulfills an important state interest. |
2308 | Section 23. This act shall take effect July 1, 2009. |