Florida 2024 Regular Session

Florida House Bill H1097 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 S tate of Florida: 11
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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 section 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 department. 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 benefi ts 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 Retirement 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 Retirement System 33
59	59	employer. The deferred monthly b enefits 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 termination 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. 41
67	67	(b) Participation in DROP. —Except as provided in this 42
68	68	paragraph, an eligible member may elect to participate in DROP 43
69	69	for a period not to exceed a maximum of 96 calendar months. 44
70	70	1.a. Members who are instructional personnel employed by 45
71	71	the Florida School for the Deaf and the Blind and authorized by 46
72	72	the Board of Trustees of the Florida School for the Deaf and the 47
73	73	Blind;, who are instructional personnel , administrative 48
74	74	personnel, or educational support employees as defined in s. 49
75	75	1012.01(2), (3), or (6), respectively, s. 1012.01(2)(a)-(d) in 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	grades K-12 and authorized by the di strict school 51
89	89	superintendent;, or who are instructional personnel as defined 52
90	90	in s. 1012.01(2)(a) employed by a developmental research school 53
91	91	and authorized by the school's director, or if the school has no 54
92	92	director, by the school's principal, may : 55
93	93	(I) extend DROP participation beyond the initial 96 -56
94	94	calendar-month period if the instructional personnel's 57
95	95	termination date is before the end of the school year. Such 58
96	96	instructional personnel may have DROP participation extended 59
97	97	until the last day of the last cal endar month of the school year 60
98	98	in which their original DROP termination date occurred if a date 61
99	99	other than the last day of the last calendar month of the school 62
100	100	year is designated. 63
101	101	(II) Participate in DROP for up to 24 calendar months 64
102	102	beyond the 96-month period. Instructional personnel who are 65
103	103	authorized to extend DROP participation beyond the 96 -month 66
104	104	period must have a termination date that is the last day of the 67
105	105	last calendar month of the school year within the DROP extension 68
106	106	granted by the employer. I f the member's DROP participation has 69
107	107	already been extended for the maximum 24 calendar months and the 70
108	108	extension period concludes before the end of the school year, 71
109	109	the member's DROP participation may be extended through the last 72
110	110	day of the last calendar m onth of that school year. This sub -73
111	111	sub-subparagraph expires June 30, 2029. 74
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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	The employer shall notify the division of the change in 76
126	126	termination date and the additional period of DROP participation 77
127	127	for the affected instructional personnel. 78
128	128	b. Administrative personnel in grades K -12, as defined in 79
129	129	s. 1012.01(3), may be authorized to extend DROP participation 80
130	130	beyond the initial 96 calendar month period if the 81
131	131	administrative personnel's termination date is before the end of 82
132	132	the school year. Such administrativ e personnel may have DROP 83
133	133	participation extended until the last day of the last calendar 84
134	134	month of the school year in which their original DROP 85
135	135	termination date occurred if a date other than the last day of 86
136	136	the last calendar month of the school year is desi gnated. The 87
137	137	employer shall notify the division of the change in termination 88
138	138	date and the additional period of DROP participation for the 89
139	139	affected administrative personnel. 90
140	140	2. Upon deciding to participate in DROP, the member shall 91
141	141	submit, on forms require d 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 this 95
145	145	paragraph. The termination date must be in a binding letter of 96
146	146	resignation to the employer establishing a deferred termination 97
147	147	date. The member may change the termination date within the 98
148	148	limitations of this paragraph, but only with the written 99
149	149	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 se rvice 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. 112.3 173, 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 effective 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 96 calendar months o r 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 96 -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 this paragraph, and the officer does not resign 126
200	200	from office within such limitation, the retirement and the 127
201	201	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 period or maximum participation period as provided 133
207	207	in this paragraph. 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 after 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 must defer termination as 144
218	218	provided in s. 121.053. 145
219	219	d. An elected officer who has deferred termination as 146
220	220	provided in s. 121.053 before June 30, 2023, is ineligible to 147
221	221	extend DROP participation beyond 60 months. 148
222	222	Section 2. The Legislature finds that a proper and 149
223	223	legitimate state purpose is served when employees and retirees 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	of the state and its political subdivisions, and the dependents, 151
237	237	survivors, and beneficiaries of such em ployees and retirees, are 152
238	238	extended the basic protections afforded by governmental 153
239	239	retirement systems. These persons must be provided benefits that 154
240	240	are fair and adequate and that are managed, administered, and 155
241	241	funded in an actuarially sound manner, as requi red by s. 14, 156
242	242	Article X of the State Constitution and part VII of chapter 112, 157
243	243	Florida Statutes. Therefore, the Legislature determines and 158
244	244	declares that this act fulfills an important state interest. 159
245	245	Section 3. This act shall take effect July 1, 2024. 160