Florida Senate - 2018 CS for SB 1240 By the Committee on Governmental Oversight and Accountability; and Senator Mayfield 585-02378-18 20181240c1 1 A bill to be entitled 2 An act relating to retirement; amending s. 121.051, 3 F.S.; authorizing certain employees to elect to 4 participate in the Florida Retirement System during a 5 specified period; requiring membership in the system 6 under certain circumstances; amending s. 121.091, 7 F.S.; revising limitations on the maximum length of 8 participation in the Deferred Retirement Option 9 Program for certain instructional personnel and 10 administrative personnel; requiring an employer to 11 notify the Division of Retirement of the Department of 12 Management Services regarding any change in 13 termination date and program participation for each 14 affected member; providing a statement of important 15 state interest; providing effective dates. 16 17 Be It Enacted by the Legislature of the State of Florida: 18 19 Section 1. Effective upon becoming a law, paragraph (d) of 20 subsection (1) of section 121.051, Florida Statutes, is amended, 21 and paragraph (e) is added to that subsection, to read: 22 121.051 Participation in the system.— 23 (1) COMPULSORY PARTICIPATION.— 24 (d) Beginning March 31, 2018, an employee of a dependent 25 special district or a not-for-profit corporation or association 26 created by the Board of County Commissioners of Escambia County 27 for the purpose of owning, operating, or managing a public bus 28 transit system, may elect to participate in the Florida 29 Retirement System by notifying his or her employer in writing on 30 or before August 31, 2018. Employees electing to participate 31 within the election period shall become members of the Florida 32 Retirement System, and the election is irrevocable. Such 33 employees who are hired on or after March 31, 2018, shall be 34 required to participate in the Florida Retirement System. 35 (e) The following persons are not eligible to participate 36 in the Florida Retirement System: 37 1. Employees of a not-for-profit corporation or association 38 created by the Board of County Commissioners of Palm Beach 39 County for the purpose of owning, operating, or managing a 40 public bus transit system formerly operated or managed by a 41 private corporation subject to 49 U.S.C. s. 5333(b). 42 2. Persons who perform services as a consultant or an 43 independent contractor, as defined by the division. 44 Section 2. Paragraph (b) of subsection (13) of section 45 121.091, Florida Statutes, is amended to read: 46 121.091 Benefits payable under the system.—Benefits may not 47 be paid under this section unless the member has terminated 48 employment as provided in s. 121.021(39)(a) or begun 49 participation in the Deferred Retirement Option Program as 50 provided in subsection (13), and a proper application has been 51 filed in the manner prescribed by the department. The department 52 may cancel an application for retirement benefits when the 53 member or beneficiary fails to timely provide the information 54 and documents required by this chapter and the department’s 55 rules. The department shall adopt rules establishing procedures 56 for application for retirement benefits and for the cancellation 57 of such application when the required information or documents 58 are not received. 59 (13) DEFERRED RETIREMENT OPTION PROGRAM.—In general, and 60 subject to this section, the Deferred Retirement Option Program, 61 hereinafter referred to as DROP, is a program under which an 62 eligible member of the Florida Retirement System may elect to 63 participate, deferring receipt of retirement benefits while 64 continuing employment with his or her Florida Retirement System 65 employer. The deferred monthly benefits shall accrue in the 66 Florida Retirement System on behalf of the member, plus interest 67 compounded monthly, for the specified period of the DROP 68 participation, as provided in paragraph (c). Upon termination of 69 employment, the member shall receive the total DROP benefits and 70 begin to receive the previously determined normal retirement 71 benefits. Participation in the DROP does not guarantee 72 employment for the specified period of DROP. Participation in 73 DROP by an eligible member beyond the initial 60-month period as 74 authorized in this subsection shall be on an annual contractual 75 basis for all participants. 76 (b) Participation in DROP.—Except as provided in this 77 paragraph, an eligible member may elect to participate in DROP 78 for a period not to exceed a maximum of 60 calendar months. 79 1.a. An eligible member may elect to participate in DROP 80 for a period not to exceed a maximum of 60 calendar months. 81 However, members who are instructional personnel employed by the 82 Florida School for the Deaf and the Blind and authorized by the 83 Board of Trustees of the Florida School for the Deaf and the 84 Blind, who are instructional personnel as defined in s. 85 1012.01(2)(a)-(d) in grades K-12 and authorized by the district 86 school superintendent, or who are instructional personnel as 87 defined in s. 1012.01(2)(a) employed by a developmental research 88 school and authorized by the school’s director, or if the school 89 has no director, by the school’s principal, may participate in 90 DROP for up to 36 calendar months beyond the 60-month period. 91 Effective July 1, 2018, instructional personnel who are 92 authorized to extend DROP participation beyond the 60-month 93 period must have a termination date that is the last day of the 94 last calendar month of the school year within the DROP extension 95 granted by the employer. If, on July 1, 2018, the member’s DROP 96 participation has already been extended for the maximum 36 97 calendar months and the extension period concludes before the 98 end of the school year, the member’s DROP participation may be 99 extended through the last day of the last calendar month of that 100 school year. The employer shall notify the division of the 101 change in termination date and the additional period of DROP 102 participation for the affected instructional personnel. 103 b. Administrative personnel in grades K-12, as defined in 104 s. 1012.01(3), who have a DROP termination date on or after July 105 1, 2018, may be authorized to extend DROP participation beyond 106 the initial 60 calendar month period if the administrative 107 personnel’s termination date is before the end of the school 108 year. Such administrative personnel may have DROP participation 109 extended until the last day of the last calendar month of the 110 school year in which their original DROP termination date 111 occurred if a date other than the last day of the last calendar 112 month of the school year is designated. The employer shall 113 notify the division of the change in termination date and the 114 additional period of DROP participation for the affected 115 administrative personnel. 116 2. Upon deciding to participate in DROP, the member shall 117 submit, on forms required by the division: 118 a. A written election to participate in DROP; 119 b. Selection of DROP participation and termination dates 120 that satisfy the limitations stated in paragraph (a) and 121 subparagraph 1. The termination date must be in a binding letter 122 of resignation to the employer establishing a deferred 123 termination date. The member may change the termination date 124 within the limitations of subparagraph 1., but only with the 125 written approval of the employer; 126 c. A properly completed DROP application for service 127 retirement as provided in this section; and 128 d. Any other information required by the division. 129 3. The DROP participant is a retiree under the Florida 130 Retirement System for all purposes, except for paragraph (5)(f) 131 and subsection (9) and ss. 112.3173, 112.363, 121.053, and 132 121.122. DROP participation is final and may not be canceled by 133 the participant after the first payment is credited during the 134 DROP participation period. However, participation in DROP does 135 not alter the participant’s employment status, and the member is 136 not deemed retired from employment until his or her deferred 137 resignation is effective and termination occurs as defined in s. 138 121.021. 139 4. Elected officers are eligible to participate in DROP 140 subject to the following: 141 a. An elected officer who reaches normal retirement date 142 during a term of office may defer the election to participate 143 until the next succeeding term in that office. An elected 144 officer who exercises this option may participate in DROP for up 145 to 60 calendar months or no longer than the succeeding term of 146 office, whichever is less. 147 b. An elected or a nonelected participant may run for a 148 term of office while participating in DROP and, if elected, 149 extend the DROP termination date accordingly; however, if such 150 additional term of office exceeds the 60-month limitation 151 established in subparagraph 1., and the officer does not resign 152 from office within such 60-month limitation, the retirement and 153 the participant’s DROP is null and void as provided in sub 154 subparagraph (c)5.d. 155 c. An elected officer who is dually employed and elects to 156 participate in DROP must terminate all employment relationships 157 as provided in s. 121.021(39) for the nonelected position within 158 the original 60-month period or maximum participation period as 159 provided in subparagraph 1. For DROP participation ending: 160 (I) Before July 1, 2010, the officer may continue 161 employment as an elected officer as provided in s. 121.053. The 162 elected officer shall be enrolled as a renewed member in the 163 Elected Officers’ Class or the Regular Class, as provided in ss. 164 121.053 and 121.122, on the first day of the month after 165 termination of employment in the nonelected position and 166 termination of DROP. Distribution of the DROP benefits shall be 167 made as provided in paragraph (c). 168 (II) On or after July 1, 2010, the officer may continue 169 employment as an elected officer but must defer termination as 170 provided in s. 121.053. 171 Section 3. The Legislature finds that a proper and 172 legitimate state purpose is served when employees and retirees 173 of the state and its political subdivisions, and the dependents, 174 survivors, and beneficiaries of such employees and retirees, are 175 extended the basic protections afforded by governmental 176 retirement systems. These persons must be provided benefits that 177 are fair and adequate and that are managed, administered, and 178 funded in an actuarially sound manner, as required by s. 14, 179 Article X of the State Constitution and part VII of chapter 112, 180 Florida Statutes. Therefore, the Legislature determines and 181 declares that this act fulfills an important state interest. 182 Section 4. Except as otherwise expressly provided in this 183 act and except for this section, which shall take effect upon 184 this act becoming a law, this act shall take effect July 1, 185 2018.