Florida Senate - 2019 SB 1096 By Senator Perry 8-01931A-19 20191096__ 1 A bill to be entitled 2 An act relating to reemployment after retirement; 3 amending s. 121.091, F.S.; authorizing a retiree of 4 the Florida Retirement System to be reemployed under 5 certain circumstances; providing an effective date. 6 7 Be It Enacted by the Legislature of the State of Florida: 8 9 Section 1. Paragraph (b) of subsection (9) of section 10 121.091, Florida Statutes, is amended to read: 11 121.091 Benefits payable under the system.—Benefits may not 12 be paid under this section unless the member has terminated 13 employment as provided in s. 121.021(39)(a) or begun 14 participation in the Deferred Retirement Option Program as 15 provided in subsection (13), and a proper application has been 16 filed in the manner prescribed by the department. The department 17 may cancel an application for retirement benefits when the 18 member or beneficiary fails to timely provide the information 19 and documents required by this chapter and the department’s 20 rules. The department shall adopt rules establishing procedures 21 for application for retirement benefits and for the cancellation 22 of such application when the required information or documents 23 are not received. 24 (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.— 25 (b) Any person whose retirement is effective before July 1, 26 2010, or whose participation in the Deferred Retirement Option 27 Program terminates before July 1, 2010, except under the 28 disability retirement provisions of subsection (4) or as 29 provided in s. 121.053, may be reemployed by an employer that 30 participates in a state-administered retirement system and 31 receive retirement benefits and compensation from that employer, 32 except that the person may not be reemployed by an employer 33 participating in the Florida Retirement System before meeting 34 the definition of termination in s. 121.021 and may not receive 35 both a salary from the employer and retirement benefits for 12 36 calendar months immediately subsequent to the date of 37 retirement. However, a DROP participant shall continue 38 employment and receive a salary during the period of 39 participation in the Deferred Retirement Option Program, as 40 provided in subsection (13). Notwithstanding this paragraph, a 41 retiree may be reemployed by an employer participating in the 42 Florida Retirement System before completion of the 12-month 43 limitation period if the retiree is employed on a part-time 44 basis and is not qualified to receive retirement benefits during 45 the 12-month period after the date of reemployment. 46 1. A retiree who violates such reemployment limitation 47 before completion of the 12-month limitation period must give 48 timely notice of this fact in writing to the employer and to the 49 Division of Retirement or the state board and shall have his or 50 her retirement benefits suspended for the months employed or the 51 balance of the 12-month limitation period as required in sub 52 subparagraphs b. and c. A retiree employed in violation of this 53 paragraph and an employer who employs or appoints such person 54 are jointly and severally liable for reimbursement to the 55 retirement trust fund, including the Florida Retirement System 56 Trust Fund and the Florida Retirement System Investment Plan 57 Trust Fund, from which the benefits were paid. The employer must 58 have a written statement from the retiree that he or she is not 59 retired from a state-administered retirement system. Retirement 60 benefits shall remain suspended until repayment has been made. 61 Benefits suspended beyond the reemployment limitation shall 62 apply toward repayment of benefits received in violation of the 63 reemployment limitation. 64 a. A district school board may reemploy a retiree as a 65 substitute or hourly teacher, education paraprofessional, 66 transportation assistant, bus driver, or food service worker on 67 a noncontractual basis after he or she has been retired for 1 68 calendar month. A district school board may reemploy a retiree 69 as instructional personnel, as defined in s. 1012.01(2)(a), on 70 an annual contractual basis after he or she has been retired for 71 1 calendar month. Any member who is reemployed within 1 calendar 72 month after retirement shall void his or her application for 73 retirement benefits. District school boards reemploying such 74 teachers, education paraprofessionals, transportation 75 assistants, bus drivers, or food service workers are subject to 76 the retirement contribution required by subparagraph 2. 77 b. A Florida College System institution board of trustees 78 may reemploy a retiree as an adjunct instructor or as a 79 participant in a phased retirement program within the Florida 80 College System, after he or she has been retired for 1 calendar 81 month. A member who is reemployed within 1 calendar month after 82 retirement shall void his or her application for retirement 83 benefits. Boards of trustees reemploying such instructors are 84 subject to the retirement contribution required in subparagraph 85 2. A retiree may be reemployed as an adjunct instructor for no 86 more than 780 hours during the first 12 months of retirement. A 87 retiree reemployed for more than 780 hours during the first 12 88 months of retirement must give timely notice in writing to the 89 employer and to the Division of Retirement or the state board of 90 the date he or she will exceed the limitation. The division 91 shall suspend his or her retirement benefits for the remainder 92 of the 12 months of retirement. Any retiree employed in 93 violation of this sub-subparagraph and any employer who employs 94 or appoints such person without notifying the division to 95 suspend retirement benefits are jointly and severally liable for 96 any benefits paid during the reemployment limitation period. The 97 employer must have a written statement from the retiree that he 98 or she is not retired from a state-administered retirement 99 system. Any retirement benefits received by the retiree while 100 reemployed in excess of 780 hours during the first 12 months of 101 retirement must be repaid to the Florida Retirement System Trust 102 Fund, and retirement benefits shall remain suspended until 103 repayment is made. Benefits suspended beyond the end of the 104 retiree’s first 12 months of retirement shall apply toward 105 repayment of benefits received in violation of the 780-hour 106 reemployment limitation. 107 c. The State University System may reemploy a retiree as an 108 adjunct faculty member or as a participant in a phased 109 retirement program within the State University System after the 110 retiree has been retired for 1 calendar month. A member who is 111 reemployed within 1 calendar month after retirement shall void 112 his or her application for retirement benefits. The State 113 University System is subject to the retired contribution 114 required in subparagraph 2., as appropriate. A retiree may be 115 reemployed as an adjunct faculty member or a participant in a 116 phased retirement program for no more than 780 hours during the 117 first 12 months of his or her retirement. A retiree reemployed 118 for more than 780 hours during the first 12 months of retirement 119 must give timely notice in writing to the employer and to the 120 Division of Retirement or the state board of the date he or she 121 will exceed the limitation. The division shall suspend his or 122 her retirement benefits for the remainder of the 12 months. Any 123 retiree employed in violation of this sub-subparagraph and any 124 employer who employs or appoints such person without notifying 125 the division to suspend retirement benefits are jointly and 126 severally liable for any benefits paid during the reemployment 127 limitation period. The employer must have a written statement 128 from the retiree that he or she is not retired from a state 129 administered retirement system. Any retirement benefits received 130 by the retiree while reemployed in excess of 780 hours during 131 the first 12 months of retirement must be repaid to the Florida 132 Retirement System Trust Fund, and retirement benefits shall 133 remain suspended until repayment is made. Benefits suspended 134 beyond the end of the retiree’s first 12 months of retirement 135 shall apply toward repayment of benefits received in violation 136 of the 780-hour reemployment limitation. 137 d. The Board of Trustees of the Florida School for the Deaf 138 and the Blind may reemploy a retiree as a substitute teacher, 139 substitute residential instructor, or substitute nurse on a 140 noncontractual basis after he or she has been retired for 1 141 calendar month. Any member who is reemployed within 1 calendar 142 month after retirement shall void his or her application for 143 retirement benefits. The Board of Trustees of the Florida School 144 for the Deaf and the Blind reemploying such teachers, 145 residential instructors, or nurses is subject to the retirement 146 contribution required by subparagraph 2. 147 e. A developmental research school may reemploy a retiree 148 as a substitute or hourly teacher or an education 149 paraprofessional as defined in s. 1012.01(2) on a noncontractual 150 basis after he or she has been retired for 1 calendar month. A 151 developmental research school may reemploy a retiree as 152 instructional personnel, as defined in s. 1012.01(2)(a), on an 153 annual contractual basis after he or she has been retired for 1 154 calendar month after retirement. Any member who is reemployed 155 within 1 calendar month voids his or her application for 156 retirement benefits. A developmental research school that 157 reemploys retired teachers and education paraprofessionals is 158 subject to the retirement contribution required by subparagraph 159 2. 160 f. A charter school may reemploy a retiree as a substitute 161 or hourly teacher on a noncontractual basis after he or she has 162 been retired for 1 calendar month. A charter school may reemploy 163 a retired member as instructional personnel, as defined in s. 164 1012.01(2)(a), on an annual contractual basis after he or she 165 has been retired for 1 calendar month after retirement. Any 166 member who is reemployed within 1 calendar month voids his or 167 her application for retirement benefits. A charter school that 168 reemploys such teachers is subject to the retirement 169 contribution required by subparagraph 2. 170 2. The employment of a retiree or DROP participant of a 171 state-administered retirement system does not affect the average 172 final compensation or years of creditable service of the retiree 173 or DROP participant. Before July 1, 1991, upon employment of any 174 person, other than an elected officer as provided in s. 121.053, 175 who is retired under a state-administered retirement program, 176 the employer shall pay retirement contributions in an amount 177 equal to the unfunded actuarial liability portion of the 178 employer contribution which would be required for regular 179 members of the Florida Retirement System. Effective July 1, 180 1991, contributions shall be made as provided in s. 121.122 for 181 retirees who have renewed membership or, as provided in 182 subsection (13), for DROP participants. 183 3. Any person who is holding an elective public office 184 which is covered by the Florida Retirement System and who is 185 concurrently employed in nonelected covered employment may elect 186 to retire while continuing employment in the elective public 187 office if he or she terminates his or her nonelected covered 188 employment. Such person shall receive his or her retirement 189 benefits in addition to the compensation of the elective office 190 without regard to the time limitations otherwise provided in 191 this subsection. A person who seeks to exercise the provisions 192 of this subparagraph as they existed before May 3, 1984, may not 193 be deemed to be retired under those provisions, unless such 194 person is eligible to retire under this subparagraph, as amended 195 by chapter 84-11, Laws of Florida. 196 Section 2. This act shall take effect July 1, 2019.