Bill Text: FL S0406 | 2018 | Regular Session | Introduced


Bill Title: Retirement

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2018-03-10 - Died in Governmental Oversight and Accountability [S0406 Detail]

Download: Florida-2018-S0406-Introduced.html
       Florida Senate - 2018                                     SB 406
       
       
        
       By Senator Steube
       
       
       
       
       
       23-00512-18                                            2018406__
    1                        A bill to be entitled                      
    2         An act relating to retirement; amending s. 121.091,
    3         F.S.; providing an exception to the reemployment after
    4         retirement limitations to authorize a retiree of the
    5         Florida Retirement System to be reemployed by an
    6         employer under certain circumstances; providing an
    7         effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraph (b) of subsection (9) of section
   12  121.091, Florida Statutes, is amended to read:
   13         121.091 Benefits payable under the system.—Benefits may not
   14  be paid under this section unless the member has terminated
   15  employment as provided in s. 121.021(39)(a) or begun
   16  participation in the Deferred Retirement Option Program as
   17  provided in subsection (13), and a proper application has been
   18  filed in the manner prescribed by the department. The department
   19  may cancel an application for retirement benefits when the
   20  member or beneficiary fails to timely provide the information
   21  and documents required by this chapter and the department’s
   22  rules. The department shall adopt rules establishing procedures
   23  for application for retirement benefits and for the cancellation
   24  of such application when the required information or documents
   25  are not received.
   26         (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.—
   27         (b) Any person whose retirement is effective before July 1,
   28  2010, or whose participation in the Deferred Retirement Option
   29  Program terminates before July 1, 2010, except under the
   30  disability retirement provisions of subsection (4) or as
   31  provided in s. 121.053, may be reemployed by an employer that
   32  participates in a state-administered retirement system and
   33  receive retirement benefits and compensation from that employer,
   34  except that the person may not be reemployed by an employer
   35  participating in the Florida Retirement System before meeting
   36  the definition of termination in s. 121.021 and may not receive
   37  both a salary from the employer and retirement benefits for 12
   38  calendar months immediately subsequent to the date of
   39  retirement. However, a DROP participant shall continue
   40  employment and receive a salary during the period of
   41  participation in the Deferred Retirement Option Program, as
   42  provided in subsection (13). Notwithstanding this paragraph, a
   43  retiree may be reemployed by an employer participating in the
   44  Florida Retirement System before completion of the 12-month
   45  limitation period if the member is employed on a part-time basis
   46  and is not qualified to receive retirement benefits for the 12
   47  calendar months immediately subsequent to the date of
   48  reemployment.
   49         1. A retiree who violates such reemployment limitation
   50  before completion of the 12-month limitation period must give
   51  timely notice of this fact in writing to the employer and to the
   52  Division of Retirement or the state board and shall have his or
   53  her retirement benefits suspended for the months employed or the
   54  balance of the 12-month limitation period as required in sub
   55  subparagraphs b. and c. A retiree employed in violation of this
   56  paragraph and an employer who employs or appoints such person
   57  are jointly and severally liable for reimbursement to the
   58  retirement trust fund, including the Florida Retirement System
   59  Trust Fund and the Public Employee Optional Retirement Program
   60  Trust Fund, from which the benefits were paid. The employer must
   61  have a written statement from the retiree that he or she is not
   62  retired from a state-administered retirement system. Retirement
   63  benefits shall remain suspended until repayment has been made.
   64  Benefits suspended beyond the reemployment limitation shall
   65  apply toward repayment of benefits received in violation of the
   66  reemployment limitation.
   67         a. A district school board may reemploy a retiree as a
   68  substitute or hourly teacher, education paraprofessional,
   69  transportation assistant, bus driver, or food service worker on
   70  a noncontractual basis after he or she has been retired for 1
   71  calendar month. A district school board may reemploy a retiree
   72  as instructional personnel, as defined in s. 1012.01(2)(a), on
   73  an annual contractual basis after he or she has been retired for
   74  1 calendar month. Any member who is reemployed within 1 calendar
   75  month after retirement shall void his or her application for
   76  retirement benefits. District school boards reemploying such
   77  teachers, education paraprofessionals, transportation
   78  assistants, bus drivers, or food service workers are subject to
   79  the retirement contribution required by subparagraph 2.
   80         b. A Florida College System institution board of trustees
   81  may reemploy a retiree as an adjunct instructor or as a
   82  participant in a phased retirement program within the Florida
   83  College System, after he or she has been retired for 1 calendar
   84  month. A member who is reemployed within 1 calendar month after
   85  retirement shall void his or her application for retirement
   86  benefits. Boards of trustees reemploying such instructors are
   87  subject to the retirement contribution required in subparagraph
   88  2. A retiree may be reemployed as an adjunct instructor for no
   89  more than 780 hours during the first 12 months of retirement. A
   90  retiree reemployed for more than 780 hours during the first 12
   91  months of retirement must give timely notice in writing to the
   92  employer and to the Division of Retirement or the state board of
   93  the date he or she will exceed the limitation. The division
   94  shall suspend his or her retirement benefits for the remainder
   95  of the 12 months of retirement. Any retiree employed in
   96  violation of this sub-subparagraph and any employer who employs
   97  or appoints such person without notifying the division to
   98  suspend retirement benefits are jointly and severally liable for
   99  any benefits paid during the reemployment limitation period. The
  100  employer must have a written statement from the retiree that he
  101  or she is not retired from a state-administered retirement
  102  system. Any retirement benefits received by the retiree while
  103  reemployed in excess of 780 hours during the first 12 months of
  104  retirement must be repaid to the Florida Retirement System Trust
  105  Fund, and retirement benefits shall remain suspended until
  106  repayment is made. Benefits suspended beyond the end of the
  107  retiree’s first 12 months of retirement shall apply toward
  108  repayment of benefits received in violation of the 780-hour
  109  reemployment limitation.
  110         c. The State University System may reemploy a retiree as an
  111  adjunct faculty member or as a participant in a phased
  112  retirement program within the State University System after the
  113  retiree has been retired for 1 calendar month. A member who is
  114  reemployed within 1 calendar month after retirement shall void
  115  his or her application for retirement benefits. The State
  116  University System is subject to the retired contribution
  117  required in subparagraph 2., as appropriate. A retiree may be
  118  reemployed as an adjunct faculty member or a participant in a
  119  phased retirement program for no more than 780 hours during the
  120  first 12 months of his or her retirement. A retiree reemployed
  121  for more than 780 hours during the first 12 months of retirement
  122  must give timely notice in writing to the employer and to the
  123  Division of Retirement or the state board of the date he or she
  124  will exceed the limitation. The division shall suspend his or
  125  her retirement benefits for the remainder of the 12 months. Any
  126  retiree employed in violation of this sub-subparagraph and any
  127  employer who employs or appoints such person without notifying
  128  the division to suspend retirement benefits are jointly and
  129  severally liable for any benefits paid during the reemployment
  130  limitation period. The employer must have a written statement
  131  from the retiree that he or she is not retired from a state
  132  administered retirement system. Any retirement benefits received
  133  by the retiree while reemployed in excess of 780 hours during
  134  the first 12 months of retirement must be repaid to the Florida
  135  Retirement System Trust Fund, and retirement benefits shall
  136  remain suspended until repayment is made. Benefits suspended
  137  beyond the end of the retiree’s first 12 months of retirement
  138  shall apply toward repayment of benefits received in violation
  139  of the 780-hour reemployment limitation.
  140         d. The Board of Trustees of the Florida School for the Deaf
  141  and the Blind may reemploy a retiree as a substitute teacher,
  142  substitute residential instructor, or substitute nurse on a
  143  noncontractual basis after he or she has been retired for 1
  144  calendar month. Any member who is reemployed within 1 calendar
  145  month after retirement shall void his or her application for
  146  retirement benefits. The Board of Trustees of the Florida School
  147  for the Deaf and the Blind reemploying such teachers,
  148  residential instructors, or nurses is subject to the retirement
  149  contribution required by subparagraph 2.
  150         e. A developmental research school may reemploy a retiree
  151  as a substitute or hourly teacher or an education
  152  paraprofessional as defined in s. 1012.01(2) on a noncontractual
  153  basis after he or she has been retired for 1 calendar month. A
  154  developmental research school may reemploy a retiree as
  155  instructional personnel, as defined in s. 1012.01(2)(a), on an
  156  annual contractual basis after he or she has been retired for 1
  157  calendar month after retirement. Any member who is reemployed
  158  within 1 calendar month voids his or her application for
  159  retirement benefits. A developmental research school that
  160  reemploys retired teachers and education paraprofessionals is
  161  subject to the retirement contribution required by subparagraph
  162  2.
  163         f. A charter school may reemploy a retiree as a substitute
  164  or hourly teacher on a noncontractual basis after he or she has
  165  been retired for 1 calendar month. A charter school may reemploy
  166  a retired member as instructional personnel, as defined in s.
  167  1012.01(2)(a), on an annual contractual basis after he or she
  168  has been retired for 1 calendar month after retirement. Any
  169  member who is reemployed within 1 calendar month voids his or
  170  her application for retirement benefits. A charter school that
  171  reemploys such teachers is subject to the retirement
  172  contribution required by subparagraph 2.
  173         2. The employment of a retiree or DROP participant of a
  174  state-administered retirement system does not affect the average
  175  final compensation or years of creditable service of the retiree
  176  or DROP participant. Before July 1, 1991, upon employment of any
  177  person, other than an elected officer as provided in s. 121.053,
  178  who is retired under a state-administered retirement program,
  179  the employer shall pay retirement contributions in an amount
  180  equal to the unfunded actuarial liability portion of the
  181  employer contribution which would be required for regular
  182  members of the Florida Retirement System. Effective July 1,
  183  1991, contributions shall be made as provided in s. 121.122 for
  184  retirees who have renewed membership or, as provided in
  185  subsection (13), for DROP participants.
  186         3. Any person who is holding an elective public office
  187  which is covered by the Florida Retirement System and who is
  188  concurrently employed in nonelected covered employment may elect
  189  to retire while continuing employment in the elective public
  190  office if he or she terminates his or her nonelected covered
  191  employment. Such person shall receive his or her retirement
  192  benefits in addition to the compensation of the elective office
  193  without regard to the time limitations otherwise provided in
  194  this subsection. A person who seeks to exercise the provisions
  195  of this subparagraph as they existed before May 3, 1984, may not
  196  be deemed to be retired under those provisions, unless such
  197  person is eligible to retire under this subparagraph, as amended
  198  by chapter 84-11, Laws of Florida.
  199         Section 2. This act shall take effect July 1, 2018.

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