Bill Text: FL S0162 | 2010 | Regular Session | Introduced

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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

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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.