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Senate Bill 1556

Senate Bill sb1556

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    Florida Senate - 2004                                  SB 1556

    By Senator Wasserman Schultz





    34-889-04

  1                      A bill to be entitled

  2         An act relating to the Florida Retirement

  3         System; amending s. 121.091, F.S.; revising

  4         certain limitations on positions for which

  5         school boards, community colleges,

  6         universities, and the Florida School for the

  7         Deaf and the Blind may employ a member after a

  8         specified period of retirement; revising the

  9         election period in the Deferred Retirement

10         Option Program for employees in grades K-20 and

11         extending participation in the Deferred

12         Retirement Option Program to personnel in

13         grades K-20 who receive administrative

14         authorization; providing an effective date.

15  

16  Be It Enacted by the Legislature of the State of Florida:

17  

18         Section 1.  Paragraph (b) of subsection (9) and

19  paragraphs (a) and (b) of subsection (13) of section 121.091,

20  Florida Statutes, are amended to read:

21         121.091  Benefits payable under the system.--Benefits

22  may not be paid under this section unless the member has

23  terminated employment as provided in s. 121.021(39)(a) or

24  begun participation in the Deferred Retirement Option Program

25  as provided in subsection (13), and a proper application has

26  been filed in the manner prescribed by the department. The

27  department may cancel an application for retirement benefits

28  when the member or beneficiary fails to timely provide the

29  information and documents required by this chapter and the

30  department's rules. The department shall adopt rules

31  establishing procedures for application for retirement

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    Florida Senate - 2004                                  SB 1556
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 1  benefits and for the cancellation of such application when the

 2  required information or documents are not received.

 3         (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--

 4         (b)1.  Any person who is retired under this chapter,

 5  except under the disability retirement provisions of

 6  subsection (4), may be reemployed by any private or public

 7  employer after retirement and receive retirement benefits and

 8  compensation from his or her employer without any limitations,

 9  except that a person may not receive both a salary from

10  reemployment with any agency participating in the Florida

11  Retirement System and retirement benefits under this chapter

12  for a period of 12 months immediately subsequent to the date

13  of retirement. However, a DROP participant shall continue

14  employment and receive a salary during the period of

15  participation in the Deferred Retirement Option Program, as

16  provided in subsection (13).

17         2.  Any person to whom the limitation in subparagraph

18  1. applies who violates such reemployment limitation and who

19  is reemployed with any agency participating in the Florida

20  Retirement System before completion of the 12-month limitation

21  period shall give timely notice of this fact in writing to the

22  employer and to the division and shall have his or her

23  retirement benefits suspended for the balance of the 12-month

24  limitation period.  Any person employed in violation of this

25  paragraph and any employing agency which knowingly employs or

26  appoints such person without notifying the Division of

27  Retirement to suspend retirement benefits shall be jointly and

28  severally liable for reimbursement to the retirement trust

29  fund of any benefits paid during the reemployment limitation

30  period.  To avoid liability, such employing agency shall have

31  a written statement from the retiree that he or she is not

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    Florida Senate - 2004                                  SB 1556
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 1  retired from a state-administered retirement system.  Any

 2  retirement benefits received while reemployed during this

 3  reemployment limitation period shall be repaid to the

 4  retirement trust fund, and retirement benefits shall remain

 5  suspended until such repayment has been made.  Benefits

 6  suspended beyond the reemployment limitation shall apply

 7  toward repayment of benefits received in violation of the

 8  reemployment limitation.

 9         3.  A district school board may reemploy a retired

10  member as a substitute or hourly teacher, education

11  paraprofessional, transportation assistant, bus driver, or

12  food service worker on a noncontractual basis or an annual

13  contractual basis after he or she has been retired for 1

14  calendar month, in accordance with s. 121.021(39). A district

15  school board may reemploy a retired member as instructional

16  personnel, as defined in s. 1012.01(2)(a), on an annual

17  contractual basis after he or she has been retired for 1

18  calendar month, in accordance with s. 121.021(39). Any other

19  retired member who is reemployed within 1 calendar month after

20  retirement shall void his or her application for retirement

21  benefits. District school boards reemploying such retired

22  members teachers, education paraprofessionals, transportation

23  assistants, bus drivers, or food service workers are subject

24  to the retirement contribution required by subparagraph 7.

25         4.  A community college board of trustees may reemploy

26  a retired member as an adjunct instructor, on an annual

27  contractual basis or a that is, an instructor who is

28  noncontractual basis and part-time, or as a participant in a

29  phased retirement program within the Florida Community College

30  System, after he or she has been retired for 1 calendar month,

31  in accordance with s. 121.021(39).  Any retired member who is

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    Florida Senate - 2004                                  SB 1556
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 1  reemployed within 1 calendar month after retirement shall void

 2  his or her application for retirement benefits.  Boards of

 3  trustees reemploying such instructors are subject to the

 4  retirement contribution required in subparagraph 7.  A retired

 5  member may be reemployed as an adjunct instructor for no more

 6  than 780 hours during the first 12 months of retirement.  Any

 7  retired member reemployed for more than 780 hours during the

 8  first 12 months of retirement shall give timely notice in

 9  writing to the employer and to the division of the date he or

10  she will exceed the limitation.  The division shall suspend

11  his or her retirement benefits for the remainder of the first

12  12 months of retirement.  Any person employed in violation of

13  this subparagraph and any employing agency which knowingly

14  employs or appoints such person without notifying the Division

15  of Retirement to suspend retirement benefits shall be jointly

16  and severally liable for reimbursement to the retirement trust

17  fund of any benefits paid during the reemployment limitation

18  period.  To avoid liability, such employing agency shall have

19  a written statement from the retiree that he or she is not

20  retired from a state-administered retirement system. Any

21  retirement benefits received by a retired member while

22  reemployed in excess of 780 hours during the first 12 months

23  of retirement shall be repaid to the Retirement System Trust

24  Fund, and retirement benefits shall remain suspended until

25  repayment is made.  Benefits suspended beyond the end of the

26  retired member's first 12 months of retirement shall apply

27  toward repayment of benefits received in violation of the

28  780-hour reemployment limitation.

29         5.  The State University System may reemploy a retired

30  member as a an adjunct faculty member, on an annual

31  contractual basis or a noncontractual basis, or as a

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    Florida Senate - 2004                                  SB 1556
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 1  participant in a phased retirement program within the State

 2  University System after the retired member has been retired

 3  for 1 calendar month, in accordance with s. 121.021(39).  Any

 4  retired member who is reemployed within 1 calendar month after

 5  retirement shall void his or her application for retirement

 6  benefits.  The State University System is subject to the

 7  retired contribution required in subparagraph 7., as

 8  appropriate. A retired member may be reemployed as an adjunct

 9  faculty member or a participant in a phased retirement program

10  for no more than 780 hours during the first 12 months of his

11  or her retirement.  Any retired member reemployed for more

12  than 780 hours during the first 12 months of retirement shall

13  give timely notice in writing to the employer and to the

14  division of the date he or she will exceed the limitation.

15  The division shall suspend his or her retirement benefits for

16  the remainder of the first 12 months of retirement. Any person

17  employed in violation of this subparagraph and any employing

18  agency which knowingly employs or appoints such person without

19  notifying the Division of Retirement to suspend retirement

20  benefits shall be jointly and severally liable for

21  reimbursement to the retirement trust fund of any benefits

22  paid during the reemployment limitation period.  To avoid

23  liability, such employing agency shall have a written

24  statement from the retiree that he or she is not retired from

25  a state-administered retirement system. Any retirement

26  benefits received by a retired member while reemployed in

27  excess of 780 hours during the first 12 months of retirement

28  shall be repaid to the Retirement System Trust Fund, and

29  retirement benefits shall remain suspended until repayment is

30  made.  Benefits suspended beyond the end of the retired

31  member's first 12 months of retirement shall apply toward

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    Florida Senate - 2004                                  SB 1556
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 1  repayment of benefits received in violation of the 780-hour

 2  reemployment limitation.

 3         6.  The Board of Trustees of the Florida School for the

 4  Deaf and the Blind may reemploy a retired member as a

 5  substitute teacher, substitute residential instructor, or

 6  substitute nurse on a noncontractual basis after he or she has

 7  been retired for 1 calendar month, in accordance with s.

 8  121.021(39). The Board of Trustees of the Florida School for

 9  the Deaf and the Blind may reemploy a retired member as

10  instructional personnel, as defined in s. 1012.01(2)(a)-(e),

11  on an annual contractual basis after he or she has been

12  retired for 1 calendar month, in accordance with s.

13  121.021(39). Any retired member who is reemployed within 1

14  calendar month after retirement shall void his or her

15  application for retirement benefits. The Board of Trustees of

16  the Florida School for the Deaf and the Blind reemploying such

17  teachers, residential instructors, or nurses is subject to the

18  retirement contribution required by subparagraph 7.

19  Reemployment of a retired member as a substitute teacher,

20  substitute residential instructor, or substitute nurse is

21  limited to 780 hours during the first 12 months of his or her

22  retirement. Any retired member reemployed for more than 780

23  hours during the first 12 months of retirement shall give

24  timely notice in writing to the employer and to the division

25  of the date he or she will exceed the limitation. The division

26  shall suspend his or her retirement benefits for the remainder

27  of the first 12 months of retirement. Any person employed in

28  violation of this subparagraph and any employing agency which

29  knowingly employs or appoints such person without notifying

30  the Division of Retirement to suspend retirement benefits

31  shall be jointly and severally liable for reimbursement to the

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    Florida Senate - 2004                                  SB 1556
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 1  retirement trust fund of any benefits paid during the

 2  reemployment limitation period. To avoid liability, such

 3  employing agency shall have a written statement from the

 4  retiree that he or she is not retired from a

 5  state-administered retirement system. Any retirement benefits

 6  received by a retired member while reemployed in excess of 780

 7  hours during the first 12 months of retirement shall be repaid

 8  to the Retirement System Trust Fund, and his or her retirement

 9  benefits shall remain suspended until payment is made.

10  Benefits suspended beyond the end of the retired member's

11  first 12 months of retirement shall apply toward repayment of

12  benefits received in violation of the 780-hour reemployment

13  limitation.

14         7.  The employment by an employer of any retiree or

15  DROP participant of any state-administered retirement system

16  shall have no effect on the average final compensation or

17  years of creditable service of the retiree or DROP

18  participant.  Prior to July 1, 1991, upon employment of any

19  person, other than an elected officer as provided in s.

20  121.053, who has been retired under any state-administered

21  retirement program, the employer shall pay retirement

22  contributions in an amount equal to the unfunded actuarial

23  liability portion of the employer contribution which would be

24  required for regular members of the Florida Retirement System.

25  Effective July 1, 1991, contributions shall be made as

26  provided in s. 121.122 for retirees with renewed membership or

27  subsection (13) with respect to DROP participants.

28         8.  Any person who has previously retired and who is

29  holding an elective public office or an appointment to an

30  elective public office eligible for the Elected Officers'

31  Class on or after July 1, 1990, shall be enrolled in the

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    Florida Senate - 2004                                  SB 1556
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 1  Florida Retirement System as provided in s. 121.053(1)(b) or,

 2  if holding an elective public office that does not qualify for

 3  the Elected Officers' Class on or after July 1, 1991, shall be

 4  enrolled in the Florida Retirement System as provided in s.

 5  121.122, and shall continue to receive retirement benefits as

 6  well as compensation for the elected officer's service for as

 7  long as he or she remains in elective office. However, any

 8  retired member who served in an elective office prior to July

 9  1, 1990, suspended his or her retirement benefit, and had his

10  or her Florida Retirement System membership reinstated shall,

11  upon retirement from such office, have his or her retirement

12  benefit recalculated to include the additional service and

13  compensation earned.

14         9.  Any person who is holding an elective public office

15  which is covered by the Florida Retirement System and who is

16  concurrently employed in nonelected covered employment may

17  elect to retire while continuing employment in the elective

18  public office, provided that he or she shall be required to

19  terminate his or her nonelected covered employment.  Any

20  person who exercises this election shall receive his or her

21  retirement benefits in addition to the compensation of the

22  elective office without regard to the time limitations

23  otherwise provided in this subsection.  No person who seeks to

24  exercise the provisions of this subparagraph, as the same

25  existed prior to May 3, 1984, shall be deemed to be retired

26  under those provisions, unless such person is eligible to

27  retire under the provisions of this subparagraph, as amended

28  by chapter 84-11, Laws of Florida.

29         10.  The limitations of this paragraph apply to

30  reemployment in any capacity with an "employer" as defined in

31  

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    Florida Senate - 2004                                  SB 1556
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 1  s. 121.021(10), irrespective of the category of funds from

 2  which the person is compensated.

 3         11.  An employing agency may reemploy a retired member

 4  as a firefighter or paramedic after the retired member has

 5  been retired for 1 calendar month, in accordance with s.

 6  121.021(39). Any retired member who is reemployed within 1

 7  calendar month after retirement shall void his or her

 8  application for retirement benefits. The employing agency

 9  reemploying such firefighter or paramedic is subject to the

10  retired contribution required in subparagraph 8. Reemployment

11  of a retired firefighter or paramedic is limited to no more

12  than 780 hours during the first 12 months of his or her

13  retirement. Any retired member reemployed for more than 780

14  hours during the first 12 months of retirement shall give

15  timely notice in writing to the employer and to the division

16  of the date he or she will exceed the limitation. The division

17  shall suspend his or her retirement benefits for the remainder

18  of the first 12 months of retirement. Any person employed in

19  violation of this subparagraph and any employing agency which

20  knowingly employs or appoints such person without notifying

21  the Division of Retirement to suspend retirement benefits

22  shall be jointly and severally liable for reimbursement to the

23  Retirement System Trust Fund of any benefits paid during the

24  reemployment limitation period. To avoid liability, such

25  employing agency shall have a written statement from the

26  retiree that he or she is not retired from a

27  state-administered retirement system. Any retirement benefits

28  received by a retired member while reemployed in excess of 780

29  hours during the first 12 months of retirement shall be repaid

30  to the Retirement System Trust Fund, and retirement benefits

31  shall remain suspended until repayment is made. Benefits

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    Florida Senate - 2004                                  SB 1556
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 1  suspended beyond the end of the retired member's first 12

 2  months of retirement shall apply toward repayment of benefits

 3  received in violation of the 780-hour reemployment limitation.

 4         (13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general,

 5  and subject to the provisions of this section, the Deferred

 6  Retirement Option Program, hereinafter referred to as the

 7  DROP, is a program under which an eligible member of the

 8  Florida  Retirement System may elect to participate, deferring

 9  receipt of retirement benefits while continuing employment

10  with his or her Florida Retirement System employer. The

11  deferred monthly benefits shall accrue in the System Trust

12  Fund on behalf of the participant, plus interest compounded

13  monthly, for the specified period of the DROP participation,

14  as provided in paragraph (c). Upon termination of employment,

15  the participant shall receive the total DROP benefits and

16  begin to receive the previously determined normal retirement

17  benefits. Participation in the DROP does not guarantee

18  employment for the specified period of DROP. Participation in

19  the DROP by an eligible member beyond the initial 60-month

20  period as authorized in this subsection shall be on an annual

21  contractual basis for all participants.

22         (a)  Eligibility of member to participate in the

23  DROP.--All active Florida Retirement System members in a

24  regularly established position, and all active members of

25  either the Teachers' Retirement System established in chapter

26  238 or the State and County Officers' and Employees'

27  Retirement System established in chapter 122 which systems are

28  consolidated within the Florida Retirement System under s.

29  121.011, are eligible to elect participation in the DROP

30  provided that:

31  

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    Florida Senate - 2004                                  SB 1556
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 1         1.  The member is not a renewed member of the Florida

 2  Retirement System under s. 121.122, or a member of the State

 3  Community College System Optional Retirement Program under s.

 4  121.051, the Senior Management Service Optional Annuity

 5  Program under s. 121.055, or the optional retirement program

 6  for the State University System under s. 121.35.

 7         2.  Except as provided in subparagraph 6., election to

 8  participate is made within 12 months immediately following the

 9  date on which the member first reaches normal retirement date,

10  or, for a member who reaches normal retirement date based on

11  service before he or she reaches age 62, or age 55 for Special

12  Risk Class members, election to participate may be deferred to

13  the 12 months immediately following the date the member

14  attains 57, or age 52 for Special Risk Class members. For a

15  member who first reached normal retirement date or the

16  deferred eligibility date described above prior to the

17  effective date of this section, election to participate shall

18  be made within 12 months after the effective date of this

19  section. A member who fails to make an election within such

20  12-month limitation period shall forfeit all rights to

21  participate in the DROP. The member shall advise his or her

22  employer and the division in writing of the date on which the

23  DROP shall begin. Such beginning date may be subsequent to the

24  12-month election period, but must be within the 60-month or,

25  with respect to members who are employees in grades K-20 of a

26  public school district, a charter school, the Florida School

27  for the Deaf and the Blind, a community college, or a state

28  university, and who have received authorization from the

29  appropriate administrative body instructional personnel

30  employed by the Florida School for the Deaf and the Blind and

31  who have received authorization by the Board of Trustees of

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    Florida Senate - 2004                                  SB 1556
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 1  the Florida School for the Deaf and the Blind to participate

 2  in the DROP beyond 60 months, or who are instructional

 3  personnel as defined in s. 1012.01(2)(a)-(d) in grades K-12

 4  and who have received authorization by the district school

 5  superintendent to participate in the DROP beyond 60 months,

 6  the 96-month limitation period as provided in subparagraph

 7  (b)1. When establishing eligibility of the member to

 8  participate in the DROP for the 60-month or, with respect to

 9  employees in grades K-20 of a public school district, a

10  charter school, the Florida School for the Deaf and the Blind,

11  a community college, or a state university, and who have

12  received authorization from the appropriate administrative

13  body members who are instructional personnel employed by the

14  Florida School for the Deaf and the Blind and who have

15  received authorization by the Board of Trustees of the Florida

16  School for the Deaf and the Blind to participate in the DROP

17  beyond 60 months, or who are instructional personnel as

18  defined in s. 1012.01(2)(a)-(d) in grades K-12 and who have

19  received authorization by the district school superintendent

20  to participate in the DROP beyond 60 months, the 96-month

21  maximum participation period, the member may elect to include

22  or exclude any optional service credit purchased by the member

23  from the total service used to establish the normal retirement

24  date. A member with dual normal retirement dates shall be

25  eligible to elect to participate in DROP within 12 months

26  after attaining normal retirement date in either class.

27         3.  The employer of a member electing to participate in

28  the DROP, or employers if dually employed, shall acknowledge

29  in writing to the division the date the member's participation

30  in the DROP begins and the date the member's employment and

31  DROP participation will terminate.

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 1         4.  Simultaneous employment of a participant by

 2  additional Florida Retirement System employers subsequent to

 3  the commencement of participation in the DROP shall be

 4  permissible provided such employers acknowledge in writing a

 5  DROP termination date no later than the participant's existing

 6  termination date or the 60-month limitation period as provided

 7  in subparagraph (b)1.

 8         5.  A DROP participant may change employers while

 9  participating in the DROP, subject to the following:

10         a.  A change of employment must take place without a

11  break in service so that the member receives salary for each

12  month of continuous DROP participation.  If a member receives

13  no salary during a month, DROP participation shall cease

14  unless the employer verifies a continuation of the employment

15  relationship for such participant pursuant to s.

16  121.021(39)(b).

17         b.  Such participant and new employer shall notify the

18  division on forms required by the division as to the identity

19  of the new employer.

20         c.  The new employer shall acknowledge, in writing, the

21  participant's DROP termination date, which may be extended but

22  not beyond the original 60-month or, with respect to employees

23  in grades K-20 of a public school district, a charter school,

24  the Florida School for the Deaf and the Blind, a community

25  college, or a state university, and who have received

26  authorization from the appropriate administrative body members

27  who are instructional personnel employed by the Florida School

28  for the Deaf and the Blind and who have received authorization

29  by the Board of Trustees of the Florida School for the Deaf

30  and the Blind to participate in the DROP beyond 60 months, or

31  who are instructional personnel as defined in s.

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 1  1012.01(2)(a)-(d) in grades K-12 and who have received

 2  authorization by the district school superintendent to

 3  participate in the DROP beyond 60 months, the 96-month period

 4  provided in subparagraph (b)1., shall acknowledge liability

 5  for any additional retirement contributions and interest

 6  required if the participant fails to timely terminate

 7  employment, and shall be subject to the adjustment required in

 8  sub-subparagraph (c)5.d.

 9         6.  Effective July 1, 2001, for instructional personnel

10  as defined in s. 1012.01(2), election to participate in the

11  DROP shall be made at any time following the date on which the

12  member first reaches normal retirement date. Effective July 1,

13  2004, any eligible employee in grades K-20 of a public school

14  district, a charter school, the Florida School for the Deaf

15  and the Blind, a community college, or a state university may

16  elect to participate in the DROP at any time following the

17  date on which the member first reaches normal retirement date.

18  The member shall advise his or her employer and the division

19  in writing of the date on which the Deferred Retirement Option

20  Program shall begin. When establishing eligibility of the

21  member to participate in the DROP for the 60-month or, with

22  respect to employees in grades K-20 of a public school

23  district, a charter school, the Florida School for the Deaf

24  and the Blind, a community college, or a state university, and

25  who have received authorization from the appropriate

26  administrative body members who are instructional personnel

27  employed by the Florida School for the Deaf and the Blind and

28  who have received authorization by the Board of Trustees of

29  the Florida School for the Deaf and the Blind to participate

30  in the DROP beyond 60 months, or who are instructional

31  personnel as defined in s. 1012.01(2)(a)-(d) in grades K-12

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 1  and who have received authorization by the district school

 2  superintendent to participate in the DROP beyond 60 months,

 3  the 96-month maximum participation period, as provided in

 4  subparagraph (b)1., the member may elect to include or exclude

 5  any optional service credit purchased by the member from the

 6  total service used to establish the normal retirement date. A

 7  member with dual normal retirement dates shall be eligible to

 8  elect to participate in either class.

 9         (b)  Participation in the DROP.--

10         1.  An eligible member may elect to participate in the

11  DROP for a period not to exceed a maximum of 60 calendar

12  months or, with respect to employees in grades K-20 of a

13  public school district, a charter school, the Florida School

14  for the Deaf and the Blind, a community college, or a state

15  university, and who have received authorization from the

16  appropriate administrative body members who are instructional

17  personnel employed by the Florida School for the Deaf and the

18  Blind and who have received authorization by the Board of

19  Trustees of the Florida School for the Deaf and the Blind to

20  participate in the DROP beyond 60 months, or who are

21  instructional personnel as defined in s. 1012.01(2)(a)-(d) in

22  grades K-12 and who have received authorization by the

23  district school superintendent to participate in the DROP

24  beyond 60 calendar months, 96 calendar months immediately

25  following the date on which the member first reaches his or

26  her normal retirement date or the date to which he or she is

27  eligible to defer his or her election to participate as

28  provided in subparagraph (a)2. However, a member who has

29  reached normal retirement date prior to the effective date of

30  the DROP shall be eligible to participate in the DROP for a

31  period of time not to exceed 60 calendar months or, with

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    Florida Senate - 2004                                  SB 1556
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 1  respect to employees in grades K-20 of a public school

 2  district, a charter school, the Florida School for the Deaf

 3  and the Blind, a community college, or a state university, and

 4  who have received authorization from the appropriate

 5  administrative body members who are instructional personnel

 6  employed by the Florida School for the Deaf and the Blind and

 7  who have received authorization by the Board of Trustees of

 8  the Florida School for the Deaf and the Blind to participate

 9  in the DROP beyond 60 months, or who are instructional

10  personnel as defined in s. 1012.01(2)(a)-(d) in grades K-12

11  and who have received authorization by the district school

12  superintendent to participate in the DROP beyond 60 calendar

13  months, 96 calendar months immediately following the effective

14  date of the DROP, except a member of the Special Risk Class

15  who has reached normal retirement date prior to the effective

16  date of the DROP and whose total accrued value exceeds 75

17  percent of average final compensation as of his or her

18  effective date of retirement shall be eligible to participate

19  in the DROP for no more than 36 calendar months immediately

20  following the effective date of the DROP.

21         2.  Upon deciding to participate in the DROP, the

22  member shall submit, on forms required by the division:

23         a.  A written election to participate in the DROP;

24         b.  Selection of the DROP participation and termination

25  dates, which satisfy the limitations stated in paragraph (a)

26  and subparagraph 1. Such termination date shall be in a

27  binding letter of resignation with the employer, establishing

28  a deferred termination date. The member may change the

29  termination date within the limitations of subparagraph 1.,

30  but only with the written approval of his or her employer;

31  

                                  16

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    Florida Senate - 2004                                  SB 1556
    34-889-04




 1         c.  A properly completed DROP application for service

 2  retirement as provided in this section; and

 3         d.  Any other information required by the division.

 4         3.  The DROP participant shall be a retiree under the

 5  Florida Retirement System for all purposes, except for

 6  paragraph (5)(f) and subsection (9) and ss. 112.3173, 112.363,

 7  121.053, and 121.122. However, participation in the DROP does

 8  not alter the participant's employment status and such

 9  employee shall not be deemed retired from employment until his

10  or her deferred resignation is effective and termination

11  occurs as provided in s. 121.021(39).

12         4.  Elected officers shall be eligible to participate

13  in the DROP subject to the following:

14         a.  An elected officer who reaches normal retirement

15  date during a term of office may defer the election to

16  participate in the DROP until the next succeeding term in that

17  office. Such elected officer who exercises this option may

18  participate in the DROP for up to 60 calendar months or a

19  period of no longer than such succeeding term of office,

20  whichever is less.

21         b.  An elected or a nonelected participant may run for

22  a term of office while participating in DROP and, if elected,

23  extend the DROP termination date accordingly, except, however,

24  if such additional term of office exceeds the 60-month

25  limitation established in subparagraph 1., and the officer

26  does not resign from office within such 60-month limitation,

27  the retirement and the participant's DROP shall be null and

28  void as provided in sub-subparagraph (c)5.d.

29         c.  An elected officer who is dually employed and

30  elects to participate in DROP shall be required to satisfy the

31  definition of termination within the 60-month or, with respect

                                  17

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    Florida Senate - 2004                                  SB 1556
    34-889-04




 1  to employees in grades K-20 of a public school district, a

 2  charter school, the Florida School for the Deaf and the Blind,

 3  a community college, or a state university, and who have

 4  received authorization from the appropriate administrative

 5  body members who are instructional personnel employed by the

 6  Florida School for the Deaf and the Blind and who have

 7  received authorization by the Board of Trustees of the Florida

 8  School for the Deaf and the Blind to participate in the DROP

 9  beyond 60 months, or who are instructional personnel as

10  defined in s. 1012.01(2)(a)-(d) in grades K-12 and who have

11  received authorization by the district school superintendent

12  to participate in the DROP beyond 60 months, the 96-month

13  limitation period as provided in subparagraph 1. for the

14  nonelected position and may continue employment as an elected

15  officer as provided in s. 121.053. The elected officer will be

16  enrolled as a renewed member in the Elected Officers' Class or

17  the Regular Class, as provided in ss. 121.053 and 121.22, on

18  the first day of the month after termination of employment in

19  the nonelected position and termination of DROP. Distribution

20  of the DROP benefits shall be made as provided in paragraph

21  (c).

22         Section 2.  This act shall take effect upon becoming a

23  law.

24  

25            *****************************************

26                          SENATE SUMMARY

27    Revises certain limitations on positions for which school
      boards, community colleges, universities, and the Florida
28    School for the Deaf and the Blind may employ a member of
      the Florida Retirement System after a specified period of
29    retirement. Revises the election period in the Deferred
      Retirement Option Program for certain employees and
30    extends participation in the Deferred Retirement Option
      Program to personnel in grades K-20 who receive
31    administrative authorization.

                                  18

CODING: Words stricken are deletions; words underlined are additions.

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