HB 697

1
A bill to be entitled
2An act relating to retirement; providing legislative
3intent; providing a statement of important state interest;
4amending s. 121.091, F.S.; revising provisions relating to
5benefits payable for total and permanent disability for
6certain Special Risk Class members of the Florida
7Retirement System who are injured in the line of duty;
8authorizing reemployment of persons who retired with in-
9line-of-duty disability benefits by specified employers;
10authorizing reemployment of a person who retired with in-
11line-of-duty disability benefits by an employer
12participating in a state-administered retirement system
13after 1 calendar month; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  It is declared by the Legislature that
18firefighters, emergency medical technicians, paramedics, law
19enforcement officers, correctional officers, and correctional
20probation officers, as defined in this act, perform state and
21municipal functions; that it is their duty to protect life and
22property at their own risk and peril; that it is their duty to
23continuously instruct school personnel, public officials, and
24state residents about safety; and that their activities are
25vital to the public safety. Therefore, the Legislature declares
26that it is a proper and legitimate state purpose to provide a
27uniform retirement system for the benefit of firefighters,
28emergency medical technicians, paramedics, law enforcement
29officers, correctional officers, and correctional probation
30officers, as defined in this act, and intends, in implementing
31the provisions of s. 14, Art. X of the State Constitution as
32they relate to municipal and special district pension trust fund
33systems and plans, that such retirement systems or plans be
34managed, administered, operated, and funded in such manner as to
35maximize the protection of pension trust funds. Pursuant to s.
3618, Art. VII of the State Constitution, the Legislature hereby
37determines and declares that the provisions of this act fulfill
38an important state interest.
39     Section 2.  Paragraph (b) of subsection (4) and subsection
40(9) of section 121.091, Florida Statutes, are amended to read:
41     121.091  Benefits payable under the system.--Benefits may
42not be paid under this section unless the member has terminated
43employment as provided in s. 121.021(39)(a) or begun
44participation in the Deferred Retirement Option Program as
45provided in subsection (13), and a proper application has been
46filed in the manner prescribed by the department. The department
47may cancel an application for retirement benefits when the
48member or beneficiary fails to timely provide the information
49and documents required by this chapter and the department's
50rules. The department shall adopt rules establishing procedures
51for application for retirement benefits and for the cancellation
52of such application when the required information or documents
53are not received.
54     (4)  DISABILITY RETIREMENT BENEFIT.--
55     (b)  Total and permanent disability.--
56     1.  Except as provided in subparagraph 2., a member shall
57be considered totally and permanently disabled if, in the
58opinion of the administrator, he or she is prevented, by reason
59of a medically determinable physical or mental impairment, from
60rendering useful and efficient service as an officer or
61employee.
62     2.  A member of the Special Risk Class who is a law
63enforcement officer, firefighter, correctional officer,
64emergency medical technician, paramedic, or community-based
65correctional probation officer shall be considered totally and
66permanently disabled in the line of duty if he or she is
67prevented, by reason of a medically determinable physical or
68mental impairment caused by a job-related injury, from
69performing useful and efficient service in the position held,
70unless the administrator can provide competent medical evidence
71to the contrary.
72     (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--
73     (a)1.  Except as provided in subparagraph 2., any person
74who is retired under this chapter, except under the disability
75retirement provisions of subsection (4), may be employed by an
76employer that does not participate in a state-administered
77retirement system and may receive compensation from that
78employment without limiting or restricting in any way the
79retirement benefits payable to that person.
80     2.  Any member of the Special Risk Class who retired under
81the disability retirement provisions of subparagraph (4)(b)2.
82may be reemployed by any employer in any position other than a
83special risk position or the position in which he or she was
84employed at the time of the disabling illness or injury and may
85receive compensation from that employment without limiting or
86restricting in any way the disability benefits payable to that
87person under the Florida Retirement System.
88     (b)1.a.  Except as provided in sub-subparagraph b., any
89person who is retired under this chapter, except under the
90disability retirement provisions of subsection (4), may be
91reemployed by any private or public employer after retirement
92and receive retirement benefits and compensation from his or her
93employer without any limitations, except that a person may not
94receive both a salary from reemployment with any agency
95participating in the Florida Retirement System and retirement
96benefits under this chapter for a period of 12 months
97immediately subsequent to the date of retirement. However, a
98DROP participant shall continue employment and receive a salary
99during the period of participation in the Deferred Retirement
100Option Program, as provided in subsection (13).
101     b.  Any member of the Special Risk Class who retired under
102the disability retirement provisions of subparagraph (4)(b)2.
103may be reemployed by any employer participating in a state-
104administered retirement system after having been retired for 1
105calendar month, in accordance with s. 121.021(39). After 1
106calendar month of retirement, any such retired member may be
107reemployed by any employer in any position other than a special
108risk position or the position in which he or she was employed at
109the time of the disabling illness or injury and may receive
110compensation from that employment without limiting or
111restricting in any way the retirement benefits payable to that
112person under this chapter.
113     2.  Any person to whom the limitation in subparagraph 1.
114applies who violates such reemployment limitation and who is
115reemployed with any agency participating in the Florida
116Retirement System before completion of the 12-month limitation
117period shall give timely notice of this fact in writing to the
118employer and to the division and shall have his or her
119retirement benefits suspended for the balance of the 12-month
120limitation period. Any person employed in violation of this
121paragraph and any employing agency which knowingly employs or
122appoints such person without notifying the Division of
123Retirement to suspend retirement benefits shall be jointly and
124severally liable for reimbursement to the retirement trust fund
125of any benefits paid during the reemployment limitation period.
126To avoid liability, such employing agency shall have a written
127statement from the retiree that he or she is not retired from a
128state-administered retirement system. Any retirement benefits
129received while reemployed during this reemployment limitation
130period shall be repaid to the retirement trust fund, and
131retirement benefits shall remain suspended until such repayment
132has been made. Benefits suspended beyond the reemployment
133limitation shall apply toward repayment of benefits received in
134violation of the reemployment limitation.
135     3.  A district school board may reemploy a retired member
136as a substitute or hourly teacher, education paraprofessional,
137transportation assistant, bus driver, or food service worker on
138a noncontractual basis after he or she has been retired for 1
139calendar month, in accordance with s. 121.021(39). A district
140school board may reemploy a retired member as instructional
141personnel, as defined in s. 1012.01(2)(a), on an annual
142contractual basis after he or she has been retired for 1
143calendar month, in accordance with s. 121.021(39). Any other
144retired member who is reemployed within 1 calendar month after
145retirement shall void his or her application for retirement
146benefits. District school boards reemploying such teachers,
147education paraprofessionals, transportation assistants, bus
148drivers, or food service workers are subject to the retirement
149contribution required by subparagraph 7.
150     4.  A community college board of trustees may reemploy a
151retired member as an adjunct instructor, that is, an instructor
152who is noncontractual and part-time, or as a participant in a
153phased retirement program within the Florida Community College
154System, after he or she has been retired for 1 calendar month,
155in accordance with s. 121.021(39). Any retired member who is
156reemployed within 1 calendar month after retirement shall void
157his or her application for retirement benefits. Boards of
158trustees reemploying such instructors are subject to the
159retirement contribution required in subparagraph 7. A retired
160member may be reemployed as an adjunct instructor for no more
161than 780 hours during the first 12 months of retirement. Any
162retired member reemployed for more than 780 hours during the
163first 12 months of retirement shall give timely notice in
164writing to the employer and to the division of the date he or
165she will exceed the limitation. The division shall suspend his
166or her retirement benefits for the remainder of the first 12
167months of retirement. Any person employed in violation of this
168subparagraph and any employing agency which knowingly employs or
169appoints such person without notifying the Division of
170Retirement to suspend retirement benefits shall be jointly and
171severally liable for reimbursement to the retirement trust fund
172of any benefits paid during the reemployment limitation period.
173To avoid liability, such employing agency shall have a written
174statement from the retiree that he or she is not retired from a
175state-administered retirement system. Any retirement benefits
176received by a retired member while reemployed in excess of 780
177hours during the first 12 months of retirement shall be repaid
178to the Retirement System Trust Fund, and retirement benefits
179shall remain suspended until repayment is made. Benefits
180suspended beyond the end of the retired member's first 12 months
181of retirement shall apply toward repayment of benefits received
182in violation of the 780-hour reemployment limitation.
183     5.  The State University System may reemploy a retired
184member as an adjunct faculty member or as a participant in a
185phased retirement program within the State University System
186after the retired member has been retired for 1 calendar month,
187in accordance with s. 121.021(39). Any retired member who is
188reemployed within 1 calendar month after retirement shall void
189his or her application for retirement benefits. The State
190University System is subject to the retirement retired
191contribution required in subparagraph 7., as appropriate. A
192retired member may be reemployed as an adjunct faculty member or
193a participant in a phased retirement program for no more than
194780 hours during the first 12 months of his or her retirement.
195Any retired member reemployed for more than 780 hours during the
196first 12 months of retirement shall give timely notice in
197writing to the employer and to the division of the date he or
198she will exceed the limitation. The division shall suspend his
199or her retirement benefits for the remainder of the first 12
200months of retirement. Any person employed in violation of this
201subparagraph and any employing agency which knowingly employs or
202appoints such person without notifying the Division of
203Retirement to suspend retirement benefits shall be jointly and
204severally liable for reimbursement to the retirement trust fund
205of any benefits paid during the reemployment limitation period.
206To avoid liability, such employing agency shall have a written
207statement from the retiree that he or she is not retired from a
208state-administered retirement system. Any retirement benefits
209received by a retired member while reemployed in excess of 780
210hours during the first 12 months of retirement shall be repaid
211to the Retirement System Trust Fund, and retirement benefits
212shall remain suspended until repayment is made. Benefits
213suspended beyond the end of the retired member's first 12 months
214of retirement shall apply toward repayment of benefits received
215in violation of the 780-hour reemployment limitation.
216     6.  The Board of Trustees of the Florida School for the
217Deaf and the Blind may reemploy a retired member as a substitute
218teacher, substitute residential instructor, or substitute nurse
219on a noncontractual basis after he or she has been retired for 1
220calendar month, in accordance with s. 121.021(39). Any retired
221member who is reemployed within 1 calendar month after
222retirement shall void his or her application for retirement
223benefits. The Board of Trustees of the Florida School for the
224Deaf and the Blind reemploying such teachers, residential
225instructors, or nurses is subject to the retirement contribution
226required by subparagraph 7. Reemployment of a retired member as
227a substitute teacher, substitute residential instructor, or
228substitute nurse is limited to 780 hours during the first 12
229months of his or her retirement. Any retired member reemployed
230for more than 780 hours during the first 12 months of retirement
231shall give timely notice in writing to the employer and to the
232division of the date he or she will exceed the limitation. The
233division shall suspend his or her retirement benefits for the
234remainder of the first 12 months of retirement. Any person
235employed in violation of this subparagraph and any employing
236agency which knowingly employs or appoints such person without
237notifying the Division of Retirement to suspend retirement
238benefits shall be jointly and severally liable for reimbursement
239to the retirement trust fund of any benefits paid during the
240reemployment limitation period. To avoid liability, such
241employing agency shall have a written statement from the retiree
242that he or she is not retired from a state-administered
243retirement system. Any retirement benefits received by a retired
244member while reemployed in excess of 780 hours during the first
24512 months of retirement shall be repaid to the Retirement System
246Trust Fund, and his or her retirement benefits shall remain
247suspended until payment is made. Benefits suspended beyond the
248end of the retired member's first 12 months of retirement shall
249apply toward repayment of benefits received in violation of the
250780-hour reemployment limitation.
251     7.  The employment by an employer of any retiree or DROP
252participant of any state-administered retirement system shall
253have no effect on the average final compensation or years of
254creditable service of the retiree or DROP participant. Prior to
255July 1, 1991, upon employment of any person, other than an
256elected officer as provided in s. 121.053, who has been retired
257under any state-administered retirement program, the employer
258shall pay retirement contributions in an amount equal to the
259unfunded actuarial liability portion of the employer
260contribution which would be required for regular members of the
261Florida Retirement System. Effective July 1, 1991, contributions
262shall be made as provided in s. 121.122 for retirees with
263renewed membership or subsection (13) with respect to DROP
264participants.
265     8.  Any person who has previously retired and who is
266holding an elective public office or an appointment to an
267elective public office eligible for the Elected Officers' Class
268on or after July 1, 1990, shall be enrolled in the Florida
269Retirement System as provided in s. 121.053(1)(b) or, if holding
270an elective public office that does not qualify for the Elected
271Officers' Class on or after July 1, 1991, shall be enrolled in
272the Florida Retirement System as provided in s. 121.122, and
273shall continue to receive retirement benefits as well as
274compensation for the elected officer's service for as long as he
275or she remains in elective office. However, any retired member
276who served in an elective office prior to July 1, 1990,
277suspended his or her retirement benefit, and had his or her
278Florida Retirement System membership reinstated shall, upon
279retirement from such office, have his or her retirement benefit
280recalculated to include the additional service and compensation
281earned.
282     9.  Any person who is holding an elective public office
283which is covered by the Florida Retirement System and who is
284concurrently employed in nonelected covered employment may elect
285to retire while continuing employment in the elective public
286office, provided that he or she shall be required to terminate
287his or her nonelected covered employment. Any person who
288exercises this election shall receive his or her retirement
289benefits in addition to the compensation of the elective office
290without regard to the time limitations otherwise provided in
291this subsection. No person who seeks to exercise the provisions
292of this subparagraph, as the same existed prior to May 3, 1984,
293shall be deemed to be retired under those provisions, unless
294such person is eligible to retire under the provisions of this
295subparagraph, as amended by chapter 84-11, Laws of Florida.
296     10.  The limitations of this paragraph apply to
297reemployment in any capacity with an "employer" as defined in s.
298121.021(10), irrespective of the category of funds from which
299the person is compensated.
300     11.  Except as provided in subparagraph 12., an employing
301agency may reemploy a retired member as a firefighter or
302paramedic after the retired member has been retired for 1
303calendar month, in accordance with s. 121.021(39). Any retired
304member who is reemployed within 1 calendar month after
305retirement shall void his or her application for retirement
306benefits. The employing agency reemploying such firefighter or
307paramedic is subject to the retirement retired contribution
308required in subparagraph 7. 8. Reemployment of a retired
309firefighter or paramedic is limited to no more than 780 hours
310during the first 12 months of his or her retirement. Any retired
311member reemployed for more than 780 hours during the first 12
312months of retirement shall give timely notice in writing to the
313employer and to the division of the date he or she will exceed
314the limitation. The division shall suspend his or her retirement
315benefits for the remainder of the first 12 months of retirement.
316Any person employed in violation of this subparagraph and any
317employing agency which knowingly employs or appoints such person
318without notifying the Division of Retirement to suspend
319retirement benefits shall be jointly and severally liable for
320reimbursement to the Retirement System Trust Fund of any
321benefits paid during the reemployment limitation period. To
322avoid liability, such employing agency shall have a written
323statement from the retiree that he or she is not retired from a
324state-administered retirement system. Any retirement benefits
325received by a retired member while reemployed in excess of 780
326hours during the first 12 months of retirement shall be repaid
327to the Retirement System Trust Fund, and retirement benefits
328shall remain suspended until repayment is made. Benefits
329suspended beyond the end of the retired member's first 12 months
330of retirement shall apply toward repayment of benefits received
331in violation of the 780-hour reemployment limitation.
332     12.a.  An employing agency may reemploy a retired member
333who retired under the disability provisions of subparagraph
334(4)(b)2. as a law enforcement officer, firefighter, correctional
335officer, emergency medical technician, paramedic, or community-
336based correctional probation officer after the retired member
337has been retired for 1 calendar month, in accordance with s.
338121.021(39).
339     b.  Such retired member may not be reemployed with any
340employer in the position he or she held at the time of the
341disabling illness or injury or any position that is included in
342the Special Risk Class.
343     c.  The employing agency reemploying such a member is
344subject to the retirement contribution required in subparagraph
3457.
346     (c)  The provisions of this subsection apply to retirees,
347as defined in s. 121.4501(2)(j), of the Public Employee Optional
348Retirement Program created in part II, subject to the following
349conditions:
350     1.  Such retirees may not be reemployed with an employer
351participating in the Florida Retirement System as provided in
352paragraph (b) until such person has been retired for 3 calendar
353months, unless the participant has reached the normal retirement
354requirements of the defined benefit plan as provided in s.
355121.021(29).
356     2.  Such retiree employed in violation of this subsection
357and any employing agency that knowingly employs or appoints such
358person shall be jointly and severally liable for reimbursement
359of any benefits paid to the retirement trust fund from which the
360benefits were paid, including the Retirement System Trust Fund
361and the Public Employee Optional Retirement Program Trust Fund,
362as appropriate. To avoid liability, such employing agency must
363have a written statement from the retiree that he or she is not
364retired from a state-administered retirement system.
365     Section 3.  This act shall take effect July 1, 2009.


CODING: Words stricken are deletions; words underlined are additions.