Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. SPB 7042
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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;