Florida 2023 Regular Session

Florida House Bill H0905 Compare Versions

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

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