Florida Senate - 2024 SB 400 By Senator Burgess 23-00372A-24 2024400__ 1 A bill to be entitled 2 An act relating to reemployment of retired law 3 enforcement officers; amending s. 121.091, F.S.; 4 authorizing retired law enforcement officers to be 5 reemployed in specified positions after meeting 6 specified termination requirements; authorizing such 7 retired law enforcement officers to receive both 8 compensation and retirement benefits after a specified 9 period; providing that such retired law enforcement 10 officers may not renew membership in the Florida 11 Retirement System, except as otherwise provided; 12 amending s. 122.16, F.S.; revising the timeframe 13 during which a former employee is prohibited from 14 receiving both a reemployment salary and retirement 15 benefits; conforming provisions to changes made by the 16 act; providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Paragraph (f) of subsection (9) of section 21 121.091, Florida Statutes, is amended to read: 22 121.091 Benefits payable under the system.—Benefits may not 23 be paid under this section unless the member has terminated 24 employment as provided in s. 121.021(39)(a) or begun 25 participation in the Deferred Retirement Option Program as 26 provided in subsection (13), and a proper application has been 27 filed in the manner prescribed by the department. The department 28 may cancel an application for retirement benefits when the 29 member or beneficiary fails to timely provide the information 30 and documents required by this chapter and the department’s 31 rules. The department shall adopt rules establishing procedures 32 for application for retirement benefits and for the cancellation 33 of such application when the required information or documents 34 are not received. 35 (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.— 36 (f) A retired law enforcement officer may be reemployed in 37 a position that qualifies for the Special Risk Classas a school38resource officerby an employer that participates in the Florida 39 Retirement System and receive compensation from that employer 40 and retirement benefits after meeting the definition of 41 termination in s. 121.021, but may not receive both a salary 42 from the employer and retirement benefits for 6 calendar months 43 immediately subsequent to the date of retirement. The reemployed 44 retired law enforcement officer may not renew membership in the 45 Florida Retirement System, except as provided in s. 121.122. 46 Section 2. Paragraphs (a) and (b) of subsection (2) of 47 section 122.16, Florida Statutes, are amended to read: 48 122.16 Employment after retirement.— 49 (2)(a) Any person retired under this chapter, except under 50 the disability retirement provisions of ss. 122.09 and 122.34, 51 may be reemployed by any private or public employer in a 52 position that qualifies for the Special Risk Class after 53 retirement and receive retirement benefits and compensation from 54 his or her employer without limitation, except that anoperson 55 may not receive both a salary from reemployment with any agency 56 participating in the Florida Retirement System and retirement 57 benefits under this chapter for a period of 612months 58 immediately subsequent to the date of retirement. 59 (b) Any person to whom the limitation in paragraph (a) 60 applies who violates such reemployment limitation and is 61 reemployed with any agency participating in the Florida 62 Retirement System beforeprior tocompletion of the 6-month1263monthlimitation period shall give timely notice of this fact in 64 writing to his or her employer and to the department; and his or 65 her retirement benefits mustshallbe suspended for the balance 66 of the 6-month12-monthlimitation period. Any person employed 67 in violation of this subsection and any employing agency which 68 knowingly employs or appoints such person without notifying the 69 department to suspend retirement benefits shall be jointly and 70 severally liable for reimbursement to the retirement trust fund 71 of any benefits paid during the reemployment limitation period. 72 To avoid liability, such employing agency shall have a written 73 statement from the retiree that he or she is not retired from a 74 state-administered retirement system. Any retirement benefits 75 received by such person while he or she is reemployed during 76 this reemployment limitation period mustshallbe repaid to the 77 retirement trust fund, and his or her retirement benefits must 78shallremain suspended until such repayment has been made. Any 79 benefits suspended beyond the reemployment limitation period 80 shall apply toward the repayment of benefits received in 81 violation of the reemployment limitation. 82 Section 3. This act shall take effect July 1, 2024.