Bill Text: FL S1482 | 2024 | Regular Session | Introduced
Bill Title: Deferred Retirement Option Program Eligibility for School Employees and Personnel
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2024-03-08 - Died in Governmental Oversight and Accountability [S1482 Detail]
Download: Florida-2024-S1482-Introduced.html
Florida Senate - 2024 SB 1482
By Senator Torres
25-01500-24 20241482__
1 A bill to be entitled
2 An act relating to Deferred Retirement Option Program
3 eligibility for school employees and personnel;
4 amending s. 121.091, F.S.; removing the time
5 limitation for program eligibility for certain
6 instructional personnel administrative personnel and
7 educational support employees; providing a declaration
8 of important state interest; providing an effective
9 date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraph (b) of subsection (13) of section
14 121.091, Florida Statutes, is amended to read:
15 121.091 Benefits payable under the system.—Benefits may not
16 be paid under this section unless the member has terminated
17 employment as provided in s. 121.021(39)(a) or begun
18 participation in the Deferred Retirement Option Program as
19 provided in subsection (13), and a proper application has been
20 filed in the manner prescribed by the department. The department
21 may cancel an application for retirement benefits when the
22 member or beneficiary fails to timely provide the information
23 and documents required by this chapter and the department’s
24 rules. The department shall adopt rules establishing procedures
25 for application for retirement benefits and for the cancellation
26 of such application when the required information or documents
27 are not received.
28 (13) DEFERRED RETIREMENT OPTION PROGRAM.—In general, and
29 subject to this section, the Deferred Retirement Option Program,
30 hereinafter referred to as DROP, is a program under which an
31 eligible member of the Florida Retirement System may elect to
32 participate, deferring receipt of retirement benefits while
33 continuing employment with his or her Florida Retirement System
34 employer. The deferred monthly benefits shall accrue in the
35 Florida Retirement System on behalf of the member, plus interest
36 compounded monthly, for the specified period of the DROP
37 participation, as provided in paragraph (c). Upon termination of
38 employment, the member shall receive the total DROP benefits and
39 begin to receive the previously determined normal retirement
40 benefits. Participation in the DROP does not guarantee
41 employment for the specified period of DROP.
42 (b) Participation in DROP.—Except as provided in this
43 paragraph, an eligible member may elect to participate in DROP
44 for a period not to exceed a maximum of 96 calendar months.
45 1.a. Members who are instructional personnel employed by
46 the Florida School for the Deaf and the Blind and authorized by
47 the Board of Trustees of the Florida School for the Deaf and the
48 Blind;, who are instructional personnel, administrative
49 personnel, or educational support employees as defined in s.
50 1012.01(2), (3), or (6), respectively, s. 1012.01(2)(a)-(d) in
51 grades K-12 and authorized by the district school
52 superintendent;, or who are instructional personnel as defined
53 in s. 1012.01(2)(a) employed by a developmental research school
54 and authorized by the school’s director, or if the school has no
55 director, by the school’s principal, may:
56 (I) extend DROP participation beyond the initial 96
57 calendar-month period if the instructional personnel’s
58 termination date is before the end of the school year. Such
59 instructional personnel may have DROP participation extended
60 until the last day of the last calendar month of the school year
61 in which their original DROP termination date occurred if a date
62 other than the last day of the last calendar month of the school
63 year is designated.
64 (II) Participate in DROP for up to 24 calendar months
65 beyond the 96-month period. Instructional personnel who are
66 authorized to extend DROP participation beyond the 96-month
67 period must have a termination date that is the last day of the
68 last calendar month of the school year within the DROP extension
69 granted by the employer. If the member’s DROP participation has
70 already been extended for the maximum 24 calendar months and the
71 extension period concludes before the end of the school year,
72 the member’s DROP participation may be extended through the last
73 day of the last calendar month of that school year. This sub
74 sub-subparagraph expires June 30, 2029.
75
76 The employer shall notify the division of the change in
77 termination date and the additional period of DROP participation
78 for the affected instructional personnel.
79 b. Administrative personnel in grades K-12, as defined in
80 s. 1012.01(3), may be authorized to extend DROP participation
81 beyond the initial 96 calendar month period if the
82 administrative personnel’s termination date is before the end of
83 the school year. Such administrative personnel may have DROP
84 participation extended until the last day of the last calendar
85 month of the school year in which their original DROP
86 termination date occurred if a date other than the last day of
87 the last calendar month of the school year is designated. The
88 employer shall notify the division of the change in termination
89 date and the additional period of DROP participation for the
90 affected administrative personnel.
91 2. Upon deciding to participate in DROP, the member shall
92 submit, on forms required by the division:
93 a. A written election to participate in DROP;
94 b. Selection of DROP participation and termination dates
95 that satisfy the limitations stated in paragraph (a) and this
96 paragraph. The termination date must be in a binding letter of
97 resignation to the employer establishing a deferred termination
98 date. The member may change the termination date within the
99 limitations of this paragraph, but only with the written
100 approval of the employer;
101 c. A properly completed DROP application for service
102 retirement as provided in this section; and
103 d. Any other information required by the division.
104 3. The DROP participant is a retiree under the Florida
105 Retirement System for all purposes, except for paragraph (5)(f)
106 and subsection (9) and ss. 112.3173, 112.363, 121.053, and
107 121.122. DROP participation is final and may not be canceled by
108 the participant after the first payment is credited during the
109 DROP participation period. However, participation in DROP does
110 not alter the participant’s employment status, and the member is
111 not deemed retired from employment until his or her deferred
112 resignation is effective and termination occurs as defined in s.
113 121.021.
114 4. Elected officers are eligible to participate in DROP
115 subject to the following:
116 a. An elected officer who reaches normal retirement date
117 during a term of office may defer the election to participate
118 until the next succeeding term in that office. An elected
119 officer who exercises this option may participate in DROP for up
120 to 96 calendar months or no longer than the succeeding term of
121 office, whichever is less.
122 b. An elected or a nonelected participant may run for a
123 term of office while participating in DROP and, if elected,
124 extend the DROP termination date accordingly; however, if such
125 additional term of office exceeds the 96-month limitation
126 established in this paragraph, and the officer does not resign
127 from office within such limitation, the retirement and the
128 participant’s DROP is null and void as provided in sub
129 subparagraph (c)5.d.
130 c. An elected officer who is dually employed and elects to
131 participate in DROP must terminate all employment relationships
132 as provided in s. 121.021(39) for the nonelected position within
133 the original period or maximum participation period as provided
134 in this paragraph. For DROP participation ending:
135 (I) Before July 1, 2010, the officer may continue
136 employment as an elected officer as provided in s. 121.053. The
137 elected officer shall be enrolled as a renewed member in the
138 Elected Officers’ Class or the Regular Class, as provided in ss.
139 121.053 and 121.122, on the first day of the month after
140 termination of employment in the nonelected position and
141 termination of DROP. Distribution of the DROP benefits shall be
142 made as provided in paragraph (c).
143 (II) On or after July 1, 2010, the officer may continue
144 employment as an elected officer but must defer termination as
145 provided in s. 121.053.
146 d. An elected officer who has deferred termination as
147 provided in s. 121.053 before June 30, 2023, is ineligible to
148 extend DROP participation beyond 60 months.
149 Section 2. The Legislature finds that a proper and
150 legitimate state purpose is served when employees and retirees
151 of the state and its political subdivisions, and the dependents,
152 survivors, and beneficiaries of such employees and retirees, are
153 extended the basic protections afforded by governmental
154 retirement systems. These persons must be provided benefits that
155 are fair and adequate and that are managed, administered, and
156 funded in an actuarially sound manner, as required by s. 14,
157 Article X of the State Constitution and part VII of chapter 112,
158 Florida Statutes. Therefore, the Legislature determines and
159 declares that this act fulfills an important state interest.
160 Section 3. This act shall take effect July 1, 2024.
