Bill Text: FL S0162 | 2010 | Regular Session | Introduced
Bill Title: Disability Retirement Benefits [WPSC]
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2010-04-30 - Died in Committee on Community Affairs [S0162 Detail]
Download: Florida-2010-S0162-Introduced.html
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, except32under 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, exceptunder the40disability retirement provisions of subsection (4) oras 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 andshallhave 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, exceptunder the disability206retirement provisions of subsection (4) oras 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.
