Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SPB 7042
       
       
       
       
       
       
                                Ì251516!Î251516                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/10/2015           .                                
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       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;