Florida 2024 Regular Session Status: In Committee 2 R cosponsors

SB 400 — Reemployment of Retirees in the Florida Retirement System

Last action — Died in Appropriations, companion bill(s) passed, see CS/HB 151 (Ch. 2024-92)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Reemployment of Retirees in the Florida Retirement System; Allowing a retiree to be reemployed by an employer participating in the Florida Retirement System and to receive compensation from that employer and retirement benefits after meeting the definition of termination; establishing contributions rates necessary to fund a new retirement benefit, etc.

Bill Text

What changed in the latest version

168 added · 91 removed

168 line(s) added, 91 removed.

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Florida Senate - 2024 SB 400 By Senator Burgess 23-00372A-24 2024400__ A bill to be entitled An act relating to reemployment of retired law enforcement officers;
Florida Senate - 2024 CS for SB 400 By the Committee on Governmental Oversight and Accountability;
and Senators Burgess, Hooper, and Collins 585-02592-24 2024400c1 A bill to be entitled An act relating to reemployment of retirees in the Florida Retirement System;
authorizing retired law enforcement officers to be reemployed in specified positions after meeting specified termination requirements;
allowing a retiree to be reemployed by an employer participating in the Florida Retirement System and to receive compensation from that employer and retirement benefits after meeting the definition of termination;
authorizing such retired law enforcement officers to receive both compensation and retirement benefits after a specified period;
establishing contributions rates necessary to fund a new retirement benefit;
providing that such retired law enforcement officers may not renew membership in the Florida Retirement System, except as otherwise provided;
directing the Division of Law Revision to adjust accordingly the contribution rates otherwise in effect;
amending s.
providing a declaration of important state interest;
122.16, F.S.;
revising the timeframe during which a former employee is prohibited from receiving both a reemployment salary and retirement benefits;
conforming provisions to changes made by the act;
Paragraph (f) of subsection (9) of section 121.091, Florida Statutes, is amended to read:
Paragraphs (c) and (f) of subsection (9) of section 121.091, Florida Statutes, are amended, and paragraph (d) of that subsection is republished, to read:
The department may cancel an application for retirement benefits when the member or beneficiary fails to timely provide the information Page 1 of 3 CODING:
The department may cancel an application for retirement benefits when the member or beneficiary fails to timely provide the information and documents required by this chapter and the department’s rules.
The department shall adopt rules establishing procedures for application for retirement benefits and for the cancellation Page 1 of 6 CODING:
Florida Senate - 2024 SB 400 23-00372A-24 2024400__ and documents required by this chapter and the department’s rules.
Florida Senate - 2024 CS for SB 400 585-02592-24 2024400c1 of such application when the required information or documents are not received.
The department shall adopt rules establishing procedures for application for retirement benefits and for the cancellation of such application when the required information or documents are not received.
LIMITATION.— (f) A retired law enforcement officer may be reemployed in a position that qualifies for the Special Risk Class as a school resource officer by an employer that participates in the Florida Retirement System and receive compensation from that employer and retirement benefits after meeting the definition of termination in s.
LIMITATION.— (c) Any person whose retirement is effective on or after July 1, 2010, or whose participation in the Deferred Retirement Option Program terminates on or after July 1, 2010, who is retired under this chapter, except under the disability retirement provisions of subsection (4) or as provided in s.
121.053, may be reemployed by an employer that participates in a state-administered retirement system and receive retirement benefits and compensation from that employer.
However, a person may not be reemployed by an employer participating in the Florida Retirement System before meeting the definition of termination in s.
121.021 and may not receive both a salary from the employer and retirement benefits for 6 calendar months after meeting the definition of termination, except as provided in paragraph (f).
Effective July 1, 2024, a retiree may be reemployed by an employer participating in the Florida Retirement System and receive compensation from that employer and retirement benefits after meeting the definition of termination in s.
121.021.
However, a DROP participant shall continue employment and receive a salary during the period of participation in the Deferred Retirement Option Program, as provided in subsection (13).
1.
The reemployed retiree may not renew membership in the Florida Retirement System, except as provided in s.
121.122.
2.
The employer shall pay retirement contributions in an amount equal to the unfunded actuarial liability portion of the employer contribution that would be required for active members Page 2 of 6 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 400 585-02592-24 2024400c1 of the Florida Retirement System in addition to the contributions required by s.
121.76.
3.
A retiree initially reemployed in violation of this paragraph and an employer that employs or appoints such person are jointly and severally liable for reimbursement of any retirement benefits paid to the retirement trust fund from which the benefits were paid, including the Florida Retirement System Trust Fund and the Florida Retirement System Investment Plan Trust Fund, as appropriate.
The employer must have a written statement from the employee that he or she is not retired from a state-administered retirement system.
Retirement benefits shall remain suspended until repayment is made.
Benefits suspended beyond the end of the retiree’s 6-month reemployment limitation period shall apply toward the repayment of benefits received in violation of this paragraph.
(d) This subsection applies to retirees, as defined in s.
121.4501(2), of the Florida Retirement System Investment Plan, subject to the following conditions:
1.
A retiree may not be reemployed with an employer participating in the Florida Retirement System until such person has been retired for 6 calendar months.
2.
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A retiree employed in violation of this subsection and an employer that employs or appoints such person are jointly and severally liable for reimbursement of any benefits paid to the retirement trust fund from which the benefits were paid.
The employer must have a written statement from the retiree that he or she is not retired from a state-administered retirement system.
(f) A retired law enforcement officer may be reemployed as Page 3 of 6 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 400 585-02592-24 2024400c1 a school resource officer by an employer that participates in the Florida Retirement System and receive compensation from that employer and retirement benefits after meeting the definition of termination in s.
Paragraphs (a) and (b) of subsection (2) of section 122.16, Florida Statutes, are amended to read:
(1) In order to fund the benefit changes provided by this act, the required employer contribution rates for the members of the Florida Retirement System established in s.
122.16 Employment after retirement.— (2)(a) Any person retired under this chapter, except under the disability retirement provisions of ss.
121.71(4), Florida Statutes, are increased as follows:
122.09 and 122.34, may be reemployed by any private or public employer in a position that qualifies for the Special Risk Class after retirement and receive retirement benefits and compensation from his or her employer without limitation, except that a no person may not receive both a salary from reemployment with any agency participating in the Florida Retirement System and retirement benefits under this chapter for a period of 6 12 months immediately subsequent to the date of retirement.
(a) By 0.02 percentage point for the Regular Class.
Page 2 of 3 CODING:
(b) By 0.05 percentage point for the Special Risk Class.
(c) By 0.02 percentage point for the Special Risk Administrative Support Class.
(d) By 0.02 percentage point for the Elected Officers’ Class—Legislators, Governor, Lt.
Governor, Cabinet Officers, State Attorneys, Public Defenders.
(e) By 0.06 percentage point for the Elected Officers’ Class—Justices, Judges.
(f) By 0.03 percentage point for the Elected Officers’ Class—County Elected Officers.
(g) By 0.02 percentage point for the Senior Management Service Class.
(h) By 0.03 percentage point for the DROP.
(2) In order to fund the benefit changes provided by this act, the required employer contribution rates for the unfunded actuarial liability of the Florida Retirement System established Page 4 of 6 CODING:
Florida Senate - 2024 SB 400 23-00372A-24 2024400__ (b) Any person to whom the limitation in paragraph (a) applies who violates such reemployment limitation and is reemployed with any agency participating in the Florida Retirement System before prior to completion of the 6-month 12- month limitation period shall give timely notice of this fact in writing to his or her employer and to the department;
Florida Senate - 2024 CS for SB 400 585-02592-24 2024400c1 in s.
and his or her retirement benefits must shall be suspended for the balance of the 6-month 12-month limitation period.
121.71(5), Florida Statutes, are increased as follows:
Any person employed in violation of this subsection and any employing agency which knowingly employs or appoints such person without notifying the department to suspend retirement benefits shall be jointly and severally liable for reimbursement to the retirement trust fund of any benefits paid during the reemployment limitation period.
(a) By 0.03 percentage point for the Regular Class.
To avoid liability, such employing agency shall have a written statement from the retiree that he or she is not retired from a state-administered retirement system.
(b) By 0.07 percentage point for the Special Risk Class.
Any retirement benefits received by such person while he or she is reemployed during this reemployment limitation period must shall be repaid to the retirement trust fund, and his or her retirement benefits must shall remain suspended until such repayment has been made.
(c) By 0.07 percentage point for the Special Risk Administrative Support Class.
Any benefits suspended beyond the reemployment limitation period shall apply toward the repayment of benefits received in violation of the reemployment limitation.
(d) By 0.06 percentage point for the Elected Officers’ Class—Legislators, Governor, Lt.
Governor, Cabinet Officers, State Attorneys, Public Defenders.
(e) By 0.10 percentage point for the Elected Officers’ Class—Justices, Judges.
(f) By 0.07 percentage point for the Elected Officers’ Class—County Elected Officers.
(g) By 0.05 percentage point for the Senior Management Service Class.
(h) By 0.00 percentage point for DROP.
(3) The adjustments provided in subsections (1) and (2) are in addition to any other changes to such contribution rates which may be enacted into law to take effect on July 1, 2024.
The Division of Law Revision is directed to adjust accordingly the contribution rates provided in s.
121.71, Florida Statutes.
The Legislature finds that a proper and legitimate state purpose is served when employees, officers, and retirees of the state and its political subdivisions, and the dependents, survivors, and beneficiaries of such employees, officers, and retirees, are extended the basic protections afforded by governmental retirement systems.
These persons must be provided benefits that are fair and adequate and that are managed, administered, and funded in an actuarially sound manner as required by s.
14, Article X of the State Constitution and Page 5 of 6 CODING:
Words stricken are deletions;
words underlined are additions.
Florida Senate - 2024 CS for SB 400 585-02592-24 2024400c1 part VII of chapter 112, Florida Statutes.
Therefore, the Legislature determines and declares that this act fulfills an important state interest.
Section 4.
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Action History

  1. Died in Appropriations, companion bill(s) passed, see CS/HB 151 (Ch. 2024-92)

  2. Now in Appropriations

  3. Favorable by Community Affairs; YEAS 8 NAYS 0

  4. On Committee agenda-- Community Affairs, 02/06/24, 3:00 pm, 401 Senate Building

  5. CS by Governmental Oversight and Accountability read 1st time

  6. Now in Community Affairs

  7. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  8. CS by Governmental Oversight and Accountability; YEAS 6 NAYS 0

  9. On Committee agenda-- Governmental Oversight and Accountability, 01/29/24, 1:30 pm, 301 Senate Building

  10. Introduced

  11. Referred to Governmental Oversight and Accountability; Community Affairs; Appropriations

  12. Filed

Sponsors

  • Governmental Oversight and Accountability · Primary
  • Danny Burgess · Primary
  • Ed Hooper · Cosponsor
  • Collins · Cosponsor

Sponsorship breakdown

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2 sponsors · 2 co-sponsors · 160 not signed on

Sponsors (2)

Co-sponsors (2)

Not signed on (160)

160 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable

Passed 8 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 1000
Democrat 2000
Republican 4000
No Party Affiliation 1000
Total 8000
% of votes cast 100%0%0%0%
How each member voted (8)
Member Party Vote
Baxley — Yea
Berman, Lori Democrat Yea
Osgood, Rosalind Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Bradley, Jennifer Republican Yea
Brodeur, Jason Republican Yea
Calatayud, Alexis Republican Yea
Martin, Jonathan Republican Yea

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Subjects

Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 400 do?
Reemployment of Retirees in the Florida Retirement System; Allowing a retiree to be reemployed by an employer participating in the Florida Retirement System and to receive compensation from that employer and retirement benefits after meeting the definition of termination; establishing contributions rates necessary to fund a new retirement benefit, etc.
Who sponsors SB 400?
SB 400 is sponsored by Governmental Oversight and Accountability, Burgess, Danny (Republican), Hooper, Ed (Republican), and Collins.
What is the current status of SB 400?
This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 400?
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