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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
A bill to be entitled 1
An act relating to Deferred Retirement Option Program 2
eligibility for school employees and personnel; 3
amending s. 121.091, F.S.; removing the time 4
limitation for DROP eligibility for certain 5
instructional personnel administrative personnel and 6
educational support employees; providing a declaration 7
of important state interest; providing an effective 8
date. 9
10
Be It Enacted by the Legislature of the S tate of Florida: 11
12
Section 1. Paragraph (b) of subsection (13) of section 13
121.091, Florida Statutes, is amended to read: 14
121.091 Benefits payable under the system. —Benefits may 15
not be paid under this section unless the member has terminated 16
employment as provided in s. 121.021(39)(a) or begun 17
participation in the Deferred Retirement Option Program as 18
provided in subsection (13), and a proper application has been 19
filed in the manner prescribed by the department. The department 20
may cancel an application for retirement benefits when the 21
member or beneficiary fails to timely provide the information 22
and documents required by this chapter and the department's 23
rules. The department shall adopt rules establishing procedures 24
for application for retirement benefi ts and for the cancellation 25
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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
of such application when the required information or documents 26
are not received. 27
(13) DEFERRED RETIREMENT OPTION PROGRAM. —In general, and 28
subject to this section, the Deferred Retirement Option Program, 29
hereinafter referred to as DROP, is a program under which an 30
eligible member of the Florida Retirement System may elect to 31
participate, deferring receipt of retirement benefits while 32
continuing employment with his or her Florida Retirement System 33
employer. The deferred monthly b enefits shall accrue in the 34
Florida Retirement System on behalf of the member, plus interest 35
compounded monthly, for the specified period of the DROP 36
participation, as provided in paragraph (c). Upon termination of 37
employment, the member shall receive the total DROP benefits and 38
begin to receive the previously determined normal retirement 39
benefits. Participation in the DROP does not guarantee 40
employment for the specified period of DROP. 41
(b) Participation in DROP. —Except as provided in this 42
paragraph, an eligible member may elect to participate in DROP 43
for a period not to exceed a maximum of 96 calendar months. 44
1.a. Members who are instructional personnel employed by 45
the Florida School for the Deaf and the Blind and authorized by 46
the Board of Trustees of the Florida School for the Deaf and the 47
Blind;, who are instructional personnel , administrative 48
personnel, or educational support employees as defined in s. 49
1012.01(2), (3), or (6), respectively, s. 1012.01(2)(a)-(d) in 50
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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
grades K-12 and authorized by the di strict school 51
superintendent;, or who are instructional personnel as defined 52
in s. 1012.01(2)(a) employed by a developmental research school 53
and authorized by the school's director, or if the school has no 54
director, by the school's principal, may : 55
(I) extend DROP participation beyond the initial 96 -56
calendar-month period if the instructional personnel's 57
termination date is before the end of the school year. Such 58
instructional personnel may have DROP participation extended 59
until the last day of the last cal endar month of the school year 60
in which their original DROP termination date occurred if a date 61
other than the last day of the last calendar month of the school 62
year is designated. 63
(II) Participate in DROP for up to 24 calendar months 64
beyond the 96-month period. Instructional personnel who are 65
authorized to extend DROP participation beyond the 96 -month 66
period must have a termination date that is the last day of the 67
last calendar month of the school year within the DROP extension 68
granted by the employer. I f the member's DROP participation has 69
already been extended for the maximum 24 calendar months and the 70
extension period concludes before the end of the school year, 71
the member's DROP participation may be extended through the last 72
day of the last calendar m onth of that school year. This sub -73
sub-subparagraph expires June 30, 2029. 74
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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
The employer shall notify the division of the change in 76
termination date and the additional period of DROP participation 77
for the affected instructional personnel. 78
b. Administrative personnel in grades K -12, as defined in 79
s. 1012.01(3), may be authorized to extend DROP participation 80
beyond the initial 96 calendar month period if the 81
administrative personnel's termination date is before the end of 82
the school year. Such administrativ e personnel may have DROP 83
participation extended until the last day of the last calendar 84
month of the school year in which their original DROP 85
termination date occurred if a date other than the last day of 86
the last calendar month of the school year is desi gnated. The 87
employer shall notify the division of the change in termination 88
date and the additional period of DROP participation for the 89
affected administrative personnel. 90
2. Upon deciding to participate in DROP, the member shall 91
submit, on forms require d by the division: 92
a. A written election to participate in DROP; 93
b. Selection of DROP participation and termination dates 94
that satisfy the limitations stated in paragraph (a) and this 95
paragraph. The termination date must be in a binding letter of 96
resignation to the employer establishing a deferred termination 97
date. The member may change the termination date within the 98
limitations of this paragraph, but only with the written 99
approval of the employer; 100
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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
c. A properly completed DROP application for se rvice 101
retirement as provided in this section; and 102
d. Any other information required by the division. 103
3. The DROP participant is a retiree under the Florida 104
Retirement System for all purposes, except for paragraph (5)(f) 105
and subsection (9) and ss. 112.3 173, 112.363, 121.053, and 106
121.122. DROP participation is final and may not be canceled by 107
the participant after the first payment is credited during the 108
DROP participation period. However, participation in DROP does 109
not alter the participant's employment status, and the member is 110
not deemed retired from employment until his or her deferred 111
resignation is effective and termination occurs as defined in s. 112
121.021. 113
4. Elected officers are eligible to participate in DROP 114
subject to the following: 115
a. An elected officer who reaches normal retirement date 116
during a term of office may defer the election to participate 117
until the next succeeding term in that office. An elected 118
officer who exercises this option may participate in DROP for up 119
to 96 calendar months o r no longer than the succeeding term of 120
office, whichever is less. 121
b. An elected or a nonelected participant may run for a 122
term of office while participating in DROP and, if elected, 123
extend the DROP termination date accordingly; however, if such 124
additional term of office exceeds the 96 -month limitation 125
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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
established in this paragraph, and the officer does not resign 126
from office within such limitation, the retirement and the 127
participant's DROP is null and void as provided in sub -128
subparagraph (c)5.d. 129
c. An elected officer who is dually employed and elects to 130
participate in DROP must terminate all employment relationships 131
as provided in s. 121.021(39) for the nonelected position within 132
the original period or maximum participation period as provided 133
in this paragraph. For DROP participation ending: 134
(I) Before July 1, 2010, the officer may continue 135
employment as an elected officer as provided in s. 121.053. The 136
elected officer shall be enrolled as a renewed member in the 137
Elected Officers' Class or the Regular Class, as provided in ss. 138
121.053 and 121.122, on the first day of the month after 139
termination of employment in the nonelected position and 140
termination of DROP. Distribution of the DROP benefits shall be 141
made as provided in paragraph (c). 142
(II) On or after July 1, 2010, the officer may continue 143
employment as an elected officer but must defer termination as 144
provided in s. 121.053. 145
d. An elected officer who has deferred termination as 146
provided in s. 121.053 before June 30, 2023, is ineligible to 147
extend DROP participation beyond 60 months. 148
Section 2. The Legislature finds that a proper and 149
legitimate state purpose is served when employees and retirees 150
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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
of the state and its political subdivisions, and the dependents, 151
survivors, and beneficiaries of such em ployees and retirees, are 152
extended the basic protections afforded by governmental 153
retirement systems. These persons must be provided benefits that 154
are fair and adequate and that are managed, administered, and 155
funded in an actuarially sound manner, as requi red by s. 14, 156
Article X of the State Constitution and part VII of chapter 112, 157
Florida Statutes. Therefore, the Legislature determines and 158
declares that this act fulfills an important state interest. 159
Section 3. This act shall take effect July 1, 2024. 160