Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. SPB 7042 Ì251516!Î251516 LEGISLATIVE ACTION Senate . House Comm: FAV . 03/10/2015 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Governmental Oversight and Accountability (Ring) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Before line 59 4 insert: 5 Section 1. Paragraphs (i) and (j) are added to subsection 6 (2) of section 121.0515, Florida Statutes, to read: 7 121.0515 Special Risk Class.— 8 (2) MEMBERSHIP.— 9 (i) A retiree of a state-administered retirement system who 10 is employed in a regularly established position with a covered 11 employer and initially enrolled in the Special Risk Class as a 12 renewed member as provided in s. 121.122 on or after July 1, 13 2016, is subject to the following conditions: 14 1.a. If a retiree of a state-administered retirement system 15 is initially reemployed on July 1, 2010, through June 30, 2016, 16 and is reemployed in a regularly established position eligible 17 for the Special Risk Class as provided in this subsection and 18 subsection (3), may be enrolled in the Special Risk Class as a 19 renewed member of the investment plan for creditable service 20 earned on or after July 1, 2016. 21 b. A reemployed retiree, or the employer on behalf of the 22 retiree, may not purchase any past service for employment from 23 July 1, 2010, to June 30, 2016, when renewed membership is not 24 available. 25 2. A retiree of a state-administered retirement system who 26 is initially reemployed on or after July 1, 2016, in a regularly 27 established position eligible for the Special Risk Class as 28 provided in this subsection and subsection (3) shall be enrolled 29 as a renewed member of the investment plan. 30 (j) Effective July 1, 2016, a renewed member initially 31 enrolled before July 1, 2010, who is employed in a regularly 32 established position eligible for the Special Risk Class as 33 provided in this subsection and subsection (3) may be enrolled 34 in the Special Risk Class as a renewed member of the Florida 35 Retirement System for creditable service earned on or after July 36 1, 2016. Service as a renewed member in a regularly established 37 position otherwise covered by the Special Risk Class as required 38 by this subsection and subsection (3), eligible for the Special 39 Risk Class for service before July 1, 2016, cannot be upgraded 40 from the Regular Class accrual value. 41 Section 2. Paragraph (c) of subsection (9) of section 42 121.091, Florida Statutes, is amended to read: 43 121.091 Benefits payable under the system.—Benefits may not 44 be paid under this section unless the member has terminated 45 employment as provided in s. 121.021(39)(a) or begun 46 participation in the Deferred Retirement Option Program as 47 provided in subsection (13), and a proper application has been 48 filed in the manner prescribed by the department. The department 49 may cancel an application for retirement benefits when the 50 member or beneficiary fails to timely provide the information 51 and documents required by this chapter and the department’s 52 rules. The department shall adopt rules establishing procedures 53 for application for retirement benefits and for the cancellation 54 of such application when the required information or documents 55 are not received. 56 (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.— 57 (c) Any person whose retirement is effective on or after 58 July 1, 2010, or whose participation in the Deferred Retirement 59 Option Program terminates on or after July 1, 2010, who is 60 retired under this chapter, except under the disability 61 retirement provisions of subsection (4) or as provided in s. 62 121.053, may be reemployed by an employer that participates in a 63 state-administered retirement system and receive retirement 64 benefits and compensation from that employer. However, a person 65 may not be reemployed by an employer participating in the 66 Florida Retirement System before meeting the definition of 67 termination in s. 121.021 and may not receive both a salary from 68 the employer and retirement benefits for 6 calendar months after 69 meeting the definition of termination. However, a DROP 70 participant shall continue employment and receive a salary 71 during the period of participation in the Deferred Retirement 72 Option Program, as provided in subsection (13). 73 1. The reemployed retiree may not renew membership in the 74 Florida Retirement System, except as provided in s. 121.122. 75 2. The employer shall pay retirement contributions in an 76 amount equal to the unfunded actuarial liability portion of the 77 employer contribution that would be required for active members 78 of the Florida Retirement System in addition to the 79 contributions required by s. 121.76. 80 3. A retiree initially reemployed in violation of this 81 paragraph and an employer that employs or appoints such person 82 are jointly and severally liable for reimbursement of any 83 retirement benefits paid to the retirement trust fund from which 84 the benefits were paid, including the Florida Retirement System 85 Trust Fund and the Public Employee Optional Retirement Program 86 Trust Fund, as appropriate. The employer must have a written 87 statement from the employee that he or she is not retired from a 88 state-administered retirement system. Retirement benefits shall 89 remain suspended until repayment is made. Benefits suspended 90 beyond the end of the retiree’s 6-month reemployment limitation 91 period shall apply toward the repayment of benefits received in 92 violation of this paragraph. 93 94 ================= T I T L E A M E N D M E N T ================ 95 And the title is amended as follows: 96 Between lines 2 and 3 97 insert: 98 amending s. 121.0515, F.S.; authorizing renewed 99 membership in the retirement system for retirees who 100 are reemployed in a position eligible for the Special 101 Risk Class under certain circumstances; amending s. 102 121.091, F.S.; conforming a provision to changes made 103 by the act;