Florida 2023 Regular Session

Florida House Bill H0613 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 613 2023
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to Deferred Retirement Option Program 2
16	16	for correctional officers; amending s. 121.091, F.S.; 3
17	17	authorizing certain members to participate in the 4
18	18	Deferred Retirement Option Program for an additional 5
19	19	time period; providing a declaration of important 6
20	20	state interest; providing an effective date. 7
21	21	8
22	22	Be It Enacted by the Legislature of the State of Florida: 9
23	23	10
24	24	Section 1. Paragraph (b) of subsection ( 13) of section 11
25	25	121.091, Florida Statutes, is amended to read: 12
26	26	121.091 Benefits payable under the system. —Benefits may 13
27	27	not be paid under this section unless the member has terminated 14
28	28	employment as provided in s. 121.021(39)(a) or begun 15
29	29	participation in the Deferred Retirement Option Program as 16
30	30	provided in subsection (13), and a proper application has been 17
31	31	filed in the manner prescribed by the department. The department 18
32	32	may cancel an application for retirement benefits when the 19
33	33	member or beneficiary fails t o timely provide the information 20
34	34	and documents required by this chapter and the department's 21
35	35	rules. The department shall adopt rules establishing procedures 22
36	36	for application for retirement benefits and for the cancellation 23
37	37	of such application when the requi red information or documents 24
38	38	are not received. 25
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40	40	HB 613 2023
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	(13) DEFERRED RETIREMENT OPTION PROGRAM. —In general, and 26
52	52	subject to this section, the Deferred Retirement Option Program, 27
53	53	hereinafter referred to as DROP, is a program under which an 28
54	54	eligible member of the F lorida Retirement System may elect to 29
55	55	participate, deferring receipt of retirement benefits while 30
56	56	continuing employment with his or her Florida Retirement System 31
57	57	employer. The deferred monthly benefits shall accrue in the 32
58	58	Florida Retirement System on behal f of the member, plus interest 33
59	59	compounded monthly, for the specified period of the DROP 34
60	60	participation, as provided in paragraph (c). Upon termination of 35
61	61	employment, the member shall receive the total DROP benefits and 36
62	62	begin to receive the previously determ ined normal retirement 37
63	63	benefits. Participation in the DROP does not guarantee 38
64	64	employment for the specified period of DROP. Participation in 39
65	65	DROP by an eligible member beyond the initial 60 -month period as 40
66	66	authorized in this subsection shall be on an annual contractual 41
67	67	basis for all participants. 42
68	68	(b) Participation in DROP. —Except as provided in this 43
69	69	paragraph, an eligible member may elect to participate in DROP 44
70	70	for a period not to exceed a maximum of 60 calendar months. 45
71	71	1.a. Members who are instructional personnel employed by 46
72	72	the Florida School for the Deaf and the Blind and authorized by 47
73	73	the Board of Trustees of the Florida School for the Deaf and the 48
74	74	Blind, who are instructional personnel as defined in s. 49
75	75	1012.01(2)(a)-(d) in grades K-12 and authorized by the district 50
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77	77	HB 613 2023
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	school superintendent, or who are instructional personnel as 51
89	89	defined in s. 1012.01(2)(a) employed by a developmental research 52
90	90	school and authorized by the school's director, or if the school 53
91	91	has no director, by the school's principal, may p articipate in 54
92	92	DROP for up to 36 calendar months beyond the 60 -month period. 55
93	93	Effective July 1, 2018, instructional personnel who are 56
94	94	authorized to extend DROP participation beyond the 60 -month 57
95	95	period must have a termination date that is the last day of the 58
96	96	last calendar month of the school year within the DROP extension 59
97	97	granted by the employer. If, on July 1, 2018, the member's DROP 60
98	98	participation has already been extended for the maximum 36 61
99	99	calendar months and the extension period concludes before the 62
100	100	end of the school year, the member's DROP participation may be 63
101	101	extended through the last day of the last calendar month of that 64
102	102	school year. The employer shall notify the division of the 65
103	103	change in termination date and the additional period of DROP 66
104	104	participation for the affected instructional personnel. 67
105	105	b. Administrative personnel in grades K -12, as defined in 68
106	106	s. 1012.01(3), who have a DROP termination date on or after July 69
107	107	1, 2018, may be authorized to extend DROP participation beyond 70
108	108	the initial 60 calendar mo nth period if the administrative 71
109	109	personnel's termination date is before the end of the school 72
110	110	year. Such administrative personnel may have DROP participation 73
111	111	extended until the last day of the last calendar month of the 74
112	112	school year in which their original DROP termination date 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	occurred if a date other than the last day of the last calendar 76
126	126	month of the school year is designated. The employer shall 77
127	127	notify the division of the change in termination date and the 78
128	128	additional period of DROP participation for the a ffected 79
129	129	administrative personnel. 80
130	130	c. Effective July 1, 2022, a member of the Special Risk 81
131	131	Class who is a law enforcement officer who meets the criteria in 82
132	132	s. 121.0515(3)(a) and who is a DROP participant on or after July 83
133	133	1, 2022, may participate in DROP f or up to 36 calendar months 84
134	134	beyond the 60-month period if he or she enters DROP on or before 85
135	135	June 30, 2028. 86
136	136	d. Effective July 1, 2023, a member of the Special Risk 87
137	137	Class who is a correctional officer who meets the criteria in s. 88
138	138	121.0515(3)(c) and who is a DROP participant on or after July 1, 89
139	139	2023, may participate in DROP for up to 36 calendar months 90
140	140	beyond the 60-month period if he or she enters DROP on or before 91
141	141	June 30, 2028. 92
142	142	2. Upon deciding to participate in DROP, the member shall 93
143	143	submit, on forms required by the division: 94
144	144	a. A written election to participate in DROP; 95
145	145	b. Selection of DROP participation and termination dates 96
146	146	that satisfy the limitations stated in paragraph (a) and 97
147	147	subparagraph 1. The termination date must be in a binding letter 98
148	148	of resignation to the employer establishing a deferred 99
149	149	termination date. The member may change the termination date 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	within the limitations of subparagraph 1., but only with the 101
163	163	written approval of the employer; 102
164	164	c. A properly completed DROP application for service 103
165	165	retirement as provided in this section; and 104
166	166	d. Any other information required by the division. 105
167	167	3. The DROP participant is a retiree under the Florida 106
168	168	Retirement System for all purposes, except for paragraph (5)(f) 107
169	169	and subsection (9) and ss. 112.3173, 112.363, 121.053, and 108
170	170	121.122. DROP participation is final and may not be canceled by 109
171	171	the participant after the first payment is credited during the 110
172	172	DROP participation period. However, participation in DROP does 111
173	173	not alter the participant's employ ment status, and the member is 112
174	174	not deemed retired from employment until his or her deferred 113
175	175	resignation is effective and termination occurs as defined in s. 114
176	176	121.021. 115
177	177	4. Elected officers are eligible to participate in DROP 116
178	178	subject to the following: 117
179	179	a. An elected officer who reaches normal retirement date 118
180	180	during a term of office may defer the election to participate 119
181	181	until the next succeeding term in that office. An elected 120
182	182	officer who exercises this option may participate in DROP for up 121
183	183	to 60 calendar months or no longer than the succeeding term of 122
184	184	office, whichever is less. 123
185	185	b. An elected or a nonelected participant may run for a 124
186	186	term of office while participating in DROP and, if elected, 125
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188	188	HB 613 2023
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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199	199	extend the DROP termination date accordingly; however, if such 126
200	200	additional term of office exceeds the 60 -month limitation 127
201	201	established in subparagraph 1., and the officer does not resign 128
202	202	from office within such 60 -month limitation, the retirement and 129
203	203	the participant's DROP is null and void as provided in sub -130
204	204	subparagraph (c)5.d. 131
205	205	c. An elected officer who is dually employed and elects to 132
206	206	participate in DROP must terminate all employment relationships 133
207	207	as provided in s. 121.021(39) for the nonelected position within 134
208	208	the original 60-month period or maximum participation perio d as 135
209	209	provided in subparagraph 1. For DROP participation ending: 136
210	210	(I) Before July 1, 2010, the officer may continue 137
211	211	employment as an elected officer as provided in s. 121.053. The 138
212	212	elected officer shall be enrolled as a renewed member in the 139
213	213	Elected Officers' Class or the Regular Class, as provided in ss. 140
214	214	121.053 and 121.122, on the first day of the month after 141
215	215	termination of employment in the nonelected position and 142
216	216	termination of DROP. Distribution of the DROP benefits shall be 143
217	217	made as provided in paragrap h (c). 144
218	218	(II) On or after July 1, 2010, the officer may continue 145
219	219	employment as an elected officer but must defer termination as 146
220	220	provided in s. 121.053. 147
221	221	Section 2. The Legislature finds that a proper and 148
222	222	legitimate state purpose is served when employees , officers, and 149
223	223	retirees of the state and its political subdivisions, and the 150
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	dependents, survivors, and beneficiaries of such employees, 151
237	237	officers, and retirees, are extended the basic protections 152
238	238	afforded by governmental retirement systems. These persons must 153
239	239	be provided benefits that are fair and adequate and that are 154
240	240	managed, administered, and funded in an actuarially sound manner 155
241	241	as required by s. 14, Article X of the State Constitution and 156
242	242	part VII of chapter 112, Florida Statutes. Therefore, the 157
243	243	Legislature determines and declares that this act fulfills an 158
244	244	important state interest. 159
245	245	Section 3. This act shall take effect July 1, 2023. 160