November 19, 2019
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       Florida Senate - 2010                                     SB 162
       
       
       
       By Senator Baker
       
       
       
       
       20-00162-10                                            2010162__
    1                        A bill to be entitled                      
    2         An act relating to disability retirement benefits;
    3         amending s. 121.091, F.S.; providing that certain
    4         members of the Special Risk Class who retired under
    5         the disability retirement provisions of the Florida
    6         Retirement System may be reemployed and continue to
    7         receive their disability retirement benefits;
    8         providing a declaration of important state interest;
    9         providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsection (9) of section 121.091, Florida
   14  Statutes, is amended to read:
   15         121.091 Benefits payable under the system.—Benefits may not
   16  be paid under this section unless the member has terminated
   17  employment as provided in s. 121.021(39)(a) or begun
   18  participation in the Deferred Retirement Option Program as
   19  provided in subsection (13), and a proper application has been
   20  filed in the manner prescribed by the department. The department
   21  may cancel an application for retirement benefits when the
   22  member or beneficiary fails to timely provide the information
   23  and documents required by this chapter and the department’s
   24  rules. The department shall adopt rules establishing procedures
   25  for application for retirement benefits and for the cancellation
   26  of such application when the required information or documents
   27  are not received.
   28         (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—Except as
   29  provided under the disability retirement provisions of
   30  subsection (4) as qualified by paragraph (e) of this subsection:
   31         (a) Any person who is retired under this chapter, except
   32  under the disability retirement provisions of subsection (4),
   33  may be employed by an employer that does not participate in a
   34  state-administered retirement system and receive compensation
   35  from that employment without limiting or restricting in any way
   36  the retirement benefits payable to that person.
   37         (b) Any person whose retirement is effective before July 1,
   38  2010, or whose participation in the Deferred Retirement Option
   39  Program terminates before July 1, 2010, except under the
   40  disability retirement provisions of subsection (4) or as
   41  provided in s. 121.053, may be reemployed by an employer that
   42  participates in a state-administered retirement system and
   43  receive retirement benefits and compensation from that employer,
   44  except that the person may not be reemployed by an employer
   45  participating in the Florida Retirement System before meeting
   46  the definition of termination in s. 121.021 and may not receive
   47  both a salary from the employer and retirement benefits for 12
   48  calendar months immediately subsequent to the date of
   49  retirement. However, a DROP participant shall continue
   50  employment and receive a salary during the period of
   51  participation in the Deferred Retirement Option Program, as
   52  provided in subsection (13).
   53         1. A retiree who violates such reemployment limitation
   54  before completion of the 12-month limitation period must give
   55  timely notice of this fact in writing to the employer and to the
   56  Division of Retirement or the state board and shall have his or
   57  her retirement benefits suspended for the months employed or the
   58  balance of the 12-month limitation period as required in sub
   59  subparagraphs b. and c. A retiree employed in violation of this
   60  paragraph and an employer who employs or appoints such person
   61  are jointly and severally liable for reimbursement to the
   62  retirement trust fund, including the Florida Retirement System
   63  Trust Fund and the Public Employee Optional Retirement Program
   64  Trust Fund, from which the benefits were paid. The employer must
   65  have a written statement from the retiree that he or she is not
   66  retired from a state-administered retirement system. Retirement
   67  benefits shall remain suspended until repayment has been made.
   68  Benefits suspended beyond the reemployment limitation shall
   69  apply toward repayment of benefits received in violation of the
   70  reemployment limitation.
   71         a. A district school board may reemploy a retiree as a
   72  substitute or hourly teacher, education paraprofessional,
   73  transportation assistant, bus driver, or food service worker on
   74  a noncontractual basis after he or she has been retired for 1
   75  calendar month. A district school board may reemploy a retiree
   76  as instructional personnel, as defined in s. 1012.01(2)(a), on
   77  an annual contractual basis after he or she has been retired for
   78  1 calendar month. Any member who is reemployed within 1 calendar
   79  month after retirement shall void his or her application for
   80  retirement benefits. District school boards reemploying such
   81  teachers, education paraprofessionals, transportation
   82  assistants, bus drivers, or food service workers are subject to
   83  the retirement contribution required by subparagraph 2.
   84         b. A community college board of trustees may reemploy a
   85  retiree as an adjunct instructor or as a participant in a phased
   86  retirement program within the Florida Community College System,
   87  after he or she has been retired for 1 calendar month. A member
   88  who is reemployed within 1 calendar month after retirement shall
   89  void his or her application for retirement benefits. Boards of
   90  trustees reemploying such instructors are subject to the
   91  retirement contribution required in subparagraph 2. A retiree
   92  may be reemployed as an adjunct instructor for no more than 780
   93  hours during the first 12 months of retirement. A retiree
   94  reemployed for more than 780 hours during the first 12 months of
   95  retirement must give timely notice in writing to the employer
   96  and to the Division of Retirement or the state board of the date
   97  he or she will exceed the limitation. The division shall suspend
   98  his or her retirement benefits for the remainder of the 12
   99  months of retirement. Any retiree employed in violation of this
  100  sub-subparagraph and any employer who employs or appoints such
  101  person without notifying the division to suspend retirement
  102  benefits are jointly and severally liable for any benefits paid
  103  during the reemployment limitation period. The employer must
  104  have a written statement from the retiree that he or she is not
  105  retired from a state-administered retirement system. Any
  106  retirement benefits received by the retiree while reemployed in
  107  excess of 780 hours during the first 12 months of retirement
  108  must be repaid to the Florida Retirement System Trust Fund, and
  109  retirement benefits shall remain suspended until repayment is
  110  made. Benefits suspended beyond the end of the retiree’s first
  111  12 months of retirement shall apply toward repayment of benefits
  112  received in violation of the 780-hour reemployment limitation.
  113         c. The State University System may reemploy a retiree as an
  114  adjunct faculty member or as a participant in a phased
  115  retirement program within the State University System after the
  116  retiree has been retired for 1 calendar month. A member who is
  117  reemployed within 1 calendar month after retirement shall void
  118  his or her application for retirement benefits. The State
  119  University System is subject to the retired contribution
  120  required in subparagraph 2., as appropriate. A retiree may be
  121  reemployed as an adjunct faculty member or a participant in a
  122  phased retirement program for no more than 780 hours during the
  123  first 12 months of his or her retirement. A retiree reemployed
  124  for more than 780 hours during the first 12 months of retirement
  125  must give timely notice in writing to the employer and to the
  126  Division of Retirement or the state board of the date he or she
  127  will exceed the limitation. The division shall suspend his or
  128  her retirement benefits for the remainder of the 12 months. Any
  129  retiree employed in violation of this sub-subparagraph and any
  130  employer who employs or appoints such person without notifying
  131  the division to suspend retirement benefits are jointly and
  132  severally liable for any benefits paid during the reemployment
  133  limitation period. The employer must have a written statement
  134  from the retiree that he or she is not retired from a state
  135  administered retirement system. Any retirement benefits received
  136  by the retiree while reemployed in excess of 780 hours during
  137  the first 12 months of retirement must be repaid to the Florida
  138  Retirement System Trust Fund, and retirement benefits shall
  139  remain suspended until repayment is made. Benefits suspended
  140  beyond the end of the retiree’s first 12 months of retirement
  141  shall apply toward repayment of benefits received in violation
  142  of the 780-hour reemployment limitation.
  143         d. The Board of Trustees of the Florida School for the Deaf
  144  and the Blind may reemploy a retiree as a substitute teacher,
  145  substitute residential instructor, or substitute nurse on a
  146  noncontractual basis after he or she has been retired for 1
  147  calendar month. Any member who is reemployed within 1 calendar
  148  month after retirement shall void his or her application for
  149  retirement benefits. The Board of Trustees of the Florida School
  150  for the Deaf and the Blind reemploying such teachers,
  151  residential instructors, or nurses is subject to the retirement
  152  contribution required by subparagraph 2.
  153         e. A developmental research school may reemploy a retiree
  154  as a substitute or hourly teacher or an education
  155  paraprofessional as defined in s. 1012.01(2) on a noncontractual
  156  basis after he or she has been retired for 1 calendar month. A
  157  developmental research school may reemploy a retiree as
  158  instructional personnel, as defined in s. 1012.01(2)(a), on an
  159  annual contractual basis after he or she has been retired for 1
  160  calendar month after retirement. Any member who is reemployed
  161  within 1 calendar month voids his or her application for
  162  retirement benefits. A developmental research school that
  163  reemploys retired teachers and education paraprofessionals is
  164  subject to the retirement contribution required by subparagraph
  165  2.
  166         f. A charter school may reemploy a retiree as a substitute
  167  or hourly teacher on a noncontractual basis after he or she has
  168  been retired for 1 calendar month. A charter school may reemploy
  169  a retired member as instructional personnel, as defined in s.
  170  1012.01(2)(a), on an annual contractual basis after he or she
  171  has been retired for 1 calendar month after retirement. Any
  172  member who is reemployed within 1 calendar month voids his or
  173  her application for retirement benefits. A charter school that
  174  reemploys such teachers is subject to the retirement
  175  contribution required by subparagraph 2.
  176         2. The employment of a retiree or DROP participant of a
  177  state-administered retirement system does not affect the average
  178  final compensation or years of creditable service of the retiree
  179  or DROP participant. Before July 1, 1991, upon employment of any
  180  person, other than an elected officer as provided in s. 121.053,
  181  who is retired under a state-administered retirement program,
  182  the employer shall pay retirement contributions in an amount
  183  equal to the unfunded actuarial liability portion of the
  184  employer contribution which would be required for regular
  185  members of the Florida Retirement System. Effective July 1,
  186  1991, contributions shall be made as provided in s. 121.122 for
  187  retirees who have renewed membership or, as provided in
  188  subsection (13), for DROP participants.
  189         3. Any person who is holding an elective public office
  190  which is covered by the Florida Retirement System and who is
  191  concurrently employed in nonelected covered employment may elect
  192  to retire while continuing employment in the elective public
  193  office if he or she terminates his or her nonelected covered
  194  employment. Such person shall receive his or her retirement
  195  benefits in addition to the compensation of the elective office
  196  without regard to the time limitations otherwise provided in
  197  this subsection. A person who seeks to exercise the provisions
  198  of this subparagraph as they existed before May 3, 1984, may not
  199  be deemed to be retired under those provisions, unless such
  200  person is eligible to retire under this subparagraph, as amended
  201  by chapter 84-11, Laws of Florida.
  202         (c) Any person whose retirement is effective on or after
  203  July 1, 2010, or whose participation in the Deferred Retirement
  204  Option Program terminates on or after July 1, 2010, who is
  205  retired under this chapter, except under the disability
  206  retirement provisions of subsection (4) or as provided in s.
  207  121.053, may be reemployed by an employer that participates in a
  208  state-administered retirement system and receive retirement
  209  benefits and compensation from that employer. However, a person
  210  may not be reemployed by an employer participating in the
  211  Florida Retirement System before meeting the definition of
  212  termination in s. 121.021 and may not receive both a salary from
  213  the employer and retirement benefits for 6 calendar months after
  214  meeting the definition of termination. However, a DROP
  215  participant shall continue employment and receive a salary
  216  during the period of participation in the Deferred Retirement
  217  Option Program, as provided in subsection (13).
  218         1. The reemployed retiree may not renew membership in the
  219  Florida Retirement System.
  220         2. The employer shall pay retirement contributions in an
  221  amount equal to the unfunded actuarial liability portion of the
  222  employer contribution that would be required for active members
  223  of the Florida Retirement System in addition to the
  224  contributions required by s. 121.76.
  225         3. A retiree initially reemployed in violation of this
  226  paragraph and an employer that employs or appoints such person
  227  are jointly and severally liable for reimbursement of any
  228  retirement benefits paid to the retirement trust fund from which
  229  the benefits were paid, including the Florida Retirement System
  230  Trust Fund and the Public Employee Optional Retirement Program
  231  Trust Fund, as appropriate. The employer must have a written
  232  statement from the employee that he or she is not retired from a
  233  state-administered retirement system. Retirement benefits shall
  234  remain suspended until repayment is made. Benefits suspended
  235  beyond the end of the retiree’s 6-month reemployment limitation
  236  period shall apply toward the repayment of benefits received in
  237  violation of this paragraph.
  238         (d) The provisions of this subsection apply to retirees, as
  239  defined in s. 121.4501(2), of the Public Employee Optional
  240  Retirement Program, subject to the following conditions:
  241         1. The retirees may not be reemployed with an employer
  242  participating in the Florida Retirement System until such person
  243  has been retired for 6 calendar months.
  244         2. A retiree employed in violation of this subsection and
  245  an employer that employs or appoints such person are jointly and
  246  severally liable for reimbursement of any benefits paid to the
  247  retirement trust fund from which the benefits were paid,
  248  including the Retirement System Trust Fund and the Public
  249  Employee Optional Retirement Program Trust Fund, as appropriate.
  250  The employer must have a written statement from the retiree that
  251  he or she is not retired from a state-administered retirement
  252  system.
  253         (e)An employing agency may reemploy a law enforcement
  254  officer, firefighter, correctional officer, emergency medical
  255  technician, paramedic, or community-based correctional probation
  256  officer who has met the definition of termination in s. 121.021
  257  under the disability retirement provisions of subparagraph (4).
  258  Such employee may receive compensation from that employment
  259  without otherwise limiting or restricting the retirement
  260  benefits payable to that person under this chapter. However,
  261  such retired member may not be reemployed in the position he or
  262  she held at the time of the disabling illness or injury or in a
  263  position in the Special Risk Class.
  264         1.The employing agency reemploying such member is subject
  265  to the applicable retirement contribution required under
  266  subparagraph (b)2. or subparagraph (c)2.
  267         2.Any retired member who is reemployed prior to
  268  termination and his or her employer are jointly and severally
  269  liable for reimbursement of any retirement benefits paid to the
  270  retirement trust fund from which the benefits were paid,
  271  including the Florida Retirement System Trust Fund and the
  272  Public Employee Optional Retirement Program Trust Fund. The
  273  employer must have a written statement from the retiree that he
  274  or she is not retired from a state-administered retirement
  275  system. Retirement benefits remain suspended until repayment has
  276  been made. Benefits suspended beyond the reemployment limitation
  277  apply toward repayment of benefits received in violation of the
  278  reemployment limitation.
  279         (f)(e) The limitations of this subsection apply to
  280  reemployment in any capacity irrespective of the category of
  281  funds from which the person is compensated.
  282         Section 2. The Legislature finds that a proper state
  283  purpose is served when firefighters, emergency medical
  284  technicians, paramedics, law enforcement officers, correctional
  285  officers, and correctional probation officers who are employees
  286  and retirees of the state and its political subdivisions, and
  287  the dependents, survivors, and beneficiaries of such employees
  288  and retirees, participate in a uniform retirement system. These
  289  persons must be provided benefits that are fair and adequate and
  290  that are funded in an actuarially sound manner as required by s.
  291  14, Article X of the State Constitution and part VII of chapter
  292  112, Florida Statutes. Therefore, the Legislature determines and
  293  declares that this act fulfills an important state interest.
  294         Section 3. This act shall take effect July 1, 2010.

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