Florida Senate - 2022 SB 624 By Senator Wright 14-00589A-22 2022624__ 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 (c) 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 (c) Any person whose retirement is effective on or after 26 July 1, 2010, or whose participation in the Deferred Retirement 27 Option Program terminates on or after July 1, 2010, who is 28 retired under this chapter, except under the disability 29 retirement provisions of subsection (4) or as provided in s. 30 121.053, may be reemployed by an employer that participates in a 31 state-administered retirement system and receive retirement 32 benefits and compensation from that employer. However, a person 33 may not be reemployed by an employer participating in the 34 Florida Retirement System before meeting the definition of 35 termination in s. 121.021 and may not receive both a salary from 36 the employer and retirement benefits for 6 calendar months after 37 meeting the definition of termination, except as provided in 38 paragraph (f). Notwithstanding this paragraph, a retiree may be 39 reemployed by an employer participating in the Florida 40 Retirement System within 6 months immediately subsequent to the 41 retiree’s retirement date if the retiree is employed on a part 42 time basis and does not receive a salary from the employer and 43 retirement benefits during the 6-month period after the date of 44 retirement. However, a DROP participant shall continue 45 employment and receive a salary during the period of 46 participation in the Deferred Retirement Option Program, as 47 provided in subsection (13). 48 1. The reemployed retiree may not renew membership in the 49 Florida Retirement System, except as provided in s. 121.122. 50 2. The employer shall pay retirement contributions in an 51 amount equal to the unfunded actuarial liability portion of the 52 employer contribution that would be required for active members 53 of the Florida Retirement System in addition to the 54 contributions required by s. 121.76. 55 3. A retiree initially reemployed in violation of this 56 paragraph and an employer that employs or appoints such person 57 are jointly and severally liable for reimbursement of any 58 retirement benefits paid to the retirement trust fund from which 59 the benefits were paid, including the Florida Retirement System 60 Trust Fund and the Florida Retirement System Investment Plan 61 Trust Fund, as appropriate. The employer must have a written 62 statement from the employee that he or she is not retired from a 63 state-administered retirement system. Retirement benefits shall 64 remain suspended until repayment is made. Benefits suspended 65 beyond the end of the retiree’s 6-month reemployment limitation 66 period shall apply toward the repayment of benefits received in 67 violation of this paragraph. 68 Section 2. This act shall take effect July 1, 2022.