Bill Text: FL S0560 | 2014 | Regular Session | Introduced
Bill Title: Employment of School District Personnel After Retirement
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-05-02 - Died in Education [S0560 Detail]
Download: Florida-2014-S0560-Introduced.html
Florida Senate - 2014 SB 560 By Senator Stargel 15-00656A-14 2014560__ 1 A bill to be entitled 2 An act relating to employment of school district 3 personnel after retirement; amending ss. 121.091 and 4 238.181, F.S.; revising provisions relating to 5 reemployment of retirees as instructional personnel on 6 a contractual basis; clarifying applicability and 7 legislative intent; amending s. 1012.33, F.S.; 8 revising provisions relating to reemployment of 9 retirees as instructional personnel on a contractual 10 basis; providing legislative intent and findings to 11 clarify authorization to such award contracts; 12 providing a directive to the Division of Law Revision 13 and Information; providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Paragraph (b) of subsection (9) of section 18 121.091, Florida Statutes, is amended to read: 19 121.091 Benefits payable under the system.—Benefits may not 20 be paid under this section unless the member has terminated 21 employment as provided in s. 121.021(39)(a) or begun 22 participation in the Deferred Retirement Option Program as 23 provided in subsection (13), and a proper application has been 24 filed in the manner prescribed by the department. The department 25 may cancel an application for retirement benefits when the 26 member or beneficiary fails to timely provide the information 27 and documents required by this chapter and the department’s 28 rules. The department shall adopt rules establishing procedures 29 for application for retirement benefits and for the cancellation 30 of such application when the required information or documents 31 are not received. 32 (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.— 33 (b) Any person whose retirement is effective before July 1, 34 2010, or whose participation in the Deferred Retirement Option 35 Program terminates before July 1, 2010, except under the 36 disability retirement provisions of subsection (4) or as 37 provided in s. 121.053, may be reemployed by an employer that 38 participates in a state-administered retirement system and 39 receive retirement benefits and compensation from that employer, 40 except that the person may not be reemployed by an employer 41 participating in the Florida Retirement System before meeting 42 the definition of termination in s. 121.021 and may not receive 43 both a salary from the employer and retirement benefits for 12 44 calendar months immediately subsequent to the date of 45 retirement. However, a DROP participant shall continue 46 employment and receive a salary during the period of 47 participation in the Deferred Retirement Option Program, as 48 provided in subsection (13). 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 benefitsshallremain suspended until repayment has been made. 64 Benefits suspended beyond the reemployment limitationshall65 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 thea72 retiree as instructional personnel, as defined in s. 73 1012.01(2)(a), under a 1-year probationary contract as defined 74 in s. 1012.335(1)on an annual contractual basisafter he or she 75 has been retired for 1 calendar month. If the retiree 76 successfully completes the probationary contract, the district 77 school board may reemploy the retiree under an annual contract 78 as defined in s. 1012.335(1). AAnymember who is reemployed 79 within 1 calendar month after retirement voidsshall voidhis or 80 her application for retirement benefits. District school boards 81 reemploying such teachers, education paraprofessionals, 82 transportation assistants, bus drivers, or food service workers 83 are subject to the retirement contribution required inby84 subparagraph 2. This sub-subparagraph does not allow, and has 85 never allowed, a retiree to be awarded a professional service 86 contract under s. 1012.33. 87 b. A Florida College System institution board of trustees 88 may reemploy a retiree as an adjunct instructor or as a 89 participant in a phased retirement program within the Florida 90 College System,after he or she has been retired for 1 calendar 91 month. A member who is reemployed within 1 calendar month after 92 retirement voidsshall voidhis or her application for 93 retirement benefits. Boards of trustees reemploying such 94 instructors are subject to the retirement contribution required 95 in subparagraph 2. A retiree may be reemployed as an adjunct 96 instructor for up tono more than780 hours during the first 12 97 months of retirement. A retiree reemployed for more than 780 98 hours during the first 12 months of retirement must give timely 99 notice in writing to the employer and to the Division of 100 Retirement or the state board of the date he or she will exceed 101 the limitation. The division shall suspend his or her retirement 102 benefits for the remainder of the 12 months of retirement. AAny103 retiree employed in violation of this sub-subparagraph and an 104anyemployer who employs or appoints such person without 105 notifying the division to suspend retirement benefits are 106 jointly and severally liable for any benefits paid during the 107 reemployment limitation period. The employer must have a written 108 statement from the retiree that he or she is not retired from a 109 state-administered retirement system. Any retirement benefits 110 received by the retiree while reemployed in excess of 780 hours 111 during the first 12 months of retirement must be repaid to the 112 Florida Retirement System Trust Fund, and retirement benefits 113shallremain suspended until repayment is made. Benefits 114 suspended beyond the end of the retiree’s first 12 months of 115 retirementshallapply toward repayment of benefits received in 116 violation of the 780-hour reemployment limitation. 117 c. The State University System may reemploy a retiree as an 118 adjunct faculty member or as a participant in a phased 119 retirement program within the State University System after the 120 retiree has been retired for 1 calendar month. A member who is 121 reemployed within 1 calendar month after retirement voidsshall122voidhis or her application for retirement benefits. The State 123 University System is subject to the retired contribution 124 required in subparagraph 2., as appropriate. A retiree may be 125 reemployed as an adjunct faculty member or a participant in a 126 phased retirement program for up tono more than780 hours 127 during the first 12 months of his or her retirement. A retiree 128 reemployed for more than 780 hours during the first 12 months of 129 retirement must give timely notice in writing to the employer 130 and to the Division of Retirement or the state board of the date 131 he or she will exceed the limitation. The division shall suspend 132 his or her retirement benefits for the remainder of the 12 133 months. AAnyretiree employed in violation of this sub 134 subparagraph and ananyemployer who employs or appoints such 135 person without notifying the division to suspend retirement 136 benefits are jointly and severally liable for any benefits paid 137 during the reemployment limitation period. The employer must 138 have a written statement from the retiree that he or she is not 139 retired from a state-administered retirement system. Any 140 retirement benefits received by the retiree while reemployed in 141 excess of 780 hours during the first 12 months of retirement 142 must be repaid to the Florida Retirement System Trust Fund, and 143 retirement benefitsshallremain suspended until repayment is 144 made. Benefits suspended beyond the end of the retiree’s first 145 12 months of retirementshallapply toward repayment of benefits 146 received in violation of the 780-hour reemployment limitation. 147 d. The Board of Trustees of the Florida School for the Deaf 148 and the Blind may reemploy a retiree as a substitute teacher, 149 substitute residential instructor, or substitute nurse on a 150 noncontractual basis after he or she has been retired for 1 151 calendar month. AAnymember who is reemployed within 1 calendar 152 month after retirement voidsshall voidhis or her application 153 for retirement benefits. The Board of Trustees of the Florida 154 School for the Deaf and the Blind reemploying such teachers, 155 residential instructors, or nurses is subject to the retirement 156 contribution required inbysubparagraph 2. 157 e. A developmental research school may reemploy a retiree 158 as a substitute or hourly teacher or an education 159 paraprofessional as defined in s. 1012.01(2) on a noncontractual 160 basis after he or she has been retired for 1 calendar month. A 161 developmental research school may reemploy thearetiree as 162 instructional personnel, as defined in s. 1012.01(2)(a), under a 163 1-year probationary contract as defined in s. 1012.335(1)on an164annual contractual basisafter he or she has been retired for 1 165 calendar monthafter retirement. If the retiree successfully 166 completes the probationary contract, the developmental research 167 school may reemploy the retiree under an annual contract as 168 defined in s. 1012.335(1). AAnymember who is reemployed within 169 1 calendar month voids his or her application for retirement 170 benefits. A developmental research school that reemploys retired 171 teachers and education paraprofessionals is subject to the 172 retirement contribution required inbysubparagraph 2. This sub 173 subparagraph does not allow, and has never allowed, a retiree to 174 be awarded a professional service contract under s. 1012.33. 175 f. A charter school may reemploy a retiree as a substitute 176 or hourly teacher on a noncontractual basis after he or she has 177 been retired for 1 calendar month. A charter school may reemploy 178 the retireea retired memberas instructional personnel, as 179 defined in s. 1012.01(2)(a), under a 1-year probationary 180 contract as defined in s. 1012.335(1)on an annual contractual181basisafter he or she has been retired for 1 calendar month 182after retirement. If the retiree successfully completes the 183 probationary contract, the charter school may reemploy the 184 retiree under an annual contract as defined in s. 1012.335(1). A 185Anymember who is reemployed within 1 calendar month voids his 186 or her application for retirement benefits. A charter school 187 that reemploys such teachers is subject to the retirement 188 contribution required inbysubparagraph 2. This sub 189 subparagraph does not allow, and has never allowed, a retiree to 190 be awarded a professional service contract under s. 1012.33. 191 2. The employment of a retiree or DROP participant of a 192 state-administered retirement system does not affect the average 193 final compensation or years of creditable service of the retiree 194 or DROP participant. Before July 1, 1991, upon employment of any 195 person, other than an elected officer as provided in s. 121.053, 196 who is retired under a state-administered retirement program, 197 the employer shall pay retirement contributions in an amount 198 equal to the unfunded actuarial liability portion of the 199 employer contribution which would be required for regular 200 members of the Florida Retirement System. Effective July 1, 201 1991, contributions shall be made as provided in s. 121.122 for 202 retirees who have renewed membership or, as provided in 203 subsection (13), for DROP participants. 204 3. Any person who is holding an elective public office 205 which is covered by the Florida Retirement System and who is 206 concurrently employed in nonelected covered employment may elect 207 to retire while continuing employment in the elective public 208 office if he or she terminates his or her nonelected covered 209 employment. Such person shall receive his or her retirement 210 benefits in addition to the compensation of the elective office 211 without regard to the time limitations otherwise provided in 212 this subsection. A person who seeks to exercise the provisions 213 of this subparagraph as they existed before May 3, 1984, may not 214 be deemed to be retired under those provisions, unless such 215 person is eligible to retire under this subparagraph, as amended 216 by chapter 84-11, Laws of Florida. 217 Section 2. Paragraph (c) of subsection (2) of section 218 238.181, Florida Statutes, is amended to read: 219 238.181 Reemployment after retirement; conditions and 220 limitations.— 221 (2) 222 (c) Effective July 1, 2003, after a retired member has been 223 retired for 1 calendar month in accordance with s. 121.021(39), 224 a district school board may reemploy such retired member as a 225 substitute or hourly teacher on a noncontractual basis, or 226 reemploy such retired member as instructional personnel, as 227 defined in s. 1012.01(2)(a), under a 1-year probationary 228 contract as defined in s. 1012.335(1). If the retiree 229 successfully completes the probationary contract, the district 230 school board may reemploy the retiree under an annual contract 231 as defined in s. 1012.335(1)on an annual contractual basis. Any 232 other retired member who is reemployed within 1 calendar month 233 after retirement voidsshall voidhis or her application for 234 retirement benefits. All retirees reemployed under this 235 paragraph shall become renewed members of the Florida Retirement 236 System under s. 121.122, and district school boards reemploying 237 such retired members as described herein are subject to the 238 contributions as provided for renewed membership. This paragraph 239 does not allow, and has never allowed, a retiree to be awarded a 240 professional service contract under s. 1012.33. 241 Section 3. Subsection (8) of section 1012.33, Florida 242 Statutes, is amended to read: 243 1012.33 Contracts with instructional staff, supervisors, 244 and school principals.— 245 (8) In accordance with ss. 121.091 and 238.181, a district 246 school board may reemploy a retiree as instructional personnel, 247 as defined in s. 1012.01(2)(a), under a 1-year probationary 248 contract as defined in s. 1012.335(1) after the retiree has been 249 retired for 1 calendar month. If the retiree successfully 250 completes the probationary contract, the district school board 251 may reemploy the retiree under an annual contract as defined in 252 s. 1012.335(1). 253 (a) Neither this subsection nor any other law as enacted 254 before the effective date of this act allows, or was intended to 255 allow, a retiree to be awarded a professional service contract. 256 The Legislature finds that the holding in Orange County School 257 Board v. Rachman and Schuman, 87 So. 3d 48 (Fla. 5th DCA 2012), 258 which found that retirees under s. 121.091(9)(b)1.a. and this 259 subsection as enacted before the effective date of this act were 260 entitled to a professional service contract, was contrary to 261 legislative intent at the time the statutes were enacted. The 262 Legislature finds that retirees under s. 121.091(9)(b)1.a. and 263 this subsection are not eligible, and were never eligible, to 264 receive a professional service contract under this section or 265 any other law. In a civil action or administrative proceeding, 266 if a classroom teacher was formerly retired and then reemployed 267 by the district school board pursuant to s. 121.091(9)(b)1.a. 268 and this section as enacted before the effective date of this 269 act, the Legislature intends, in accordance with the findings 270 expressed in this subsection, that a judgment be entered against 271 that classroom teacher on any claim or cause of action against 272 the district school board, the district school superintendent, 273 or a district school board employee for not awarding that 274 teacher a professional service contract. 275 (b) This subsection does not void and is not intended to 276 void or in any way impair any professional service contract 277 inadvertently awarded by a district school board to a retiree 278 before the effective date of this actNotwithstanding any other279provision of law, a retired member may interrupt retirement and280be reemployed in any public school.A member reemployed by the281same district from which he or she retired may be employed on a282probationary contractual basis as provided in subsection (1).283 Section 4. The Division of Law Revision and Information is 284 directed to replace the phrase “the effective date of this act” 285 wherever it occurs in this act with such date. 286 Section 5. This act shall take effect upon becoming a law.