Reemployment of Retirees in the Florida Retirement System
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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)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 removed168 line(s) added, 91 removed.
Florida Senate - 2024 CS for SB 400 By Senatorthe BurgessCommittee 23-00372A-24on 2024400__Governmental AOversight billand toAccountability; be entitled An act relating to reemployment of retired law enforcement officers;
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;
authorizingallowing retireda lawretiree enforcement officers to be reemployed by an employer participating in specifiedthe positionsFlorida Retirement System and to receive compensation from that employer and retirement benefits after meeting specifiedthe terminationdefinition requirements;of termination;
authorizingestablishing suchcontributions retiredrates lawnecessary enforcement officers to receivefund botha compensationnew and retirement benefitsbenefit; after a specified period;
providingdirecting thatthe suchDivision retiredof lawLaw enforcementRevision officersto mayadjust notaccordingly renew membership in the Floridacontribution Retirementrates System, except as otherwise provided;in effect;
amendingproviding s.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;
ParagraphParagraphs (c) and (f) of subsection (9) of section 121.091, Florida Statutes, are amended, and paragraph (d) of that subsection is amendedrepublished, to read:
The department may cancel an application for retirement benefits when the member or beneficiary fails to timely provide the information Pageand 1documents ofrequired 3by CODING: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 CS for SB 400 23-00372A-24585-02592-24 2024400__2024400c1 andof documentssuch requiredapplication bywhen thisthe chapterrequired andinformation theor department’sdocuments rules.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)(c) AAny retiredperson lawwhose enforcementretirement officeris mayeffective beon reemployedor inafter aJuly position1, that2010, qualifiesor forwhose theparticipation Specialin Riskthe ClassDeferred asRetirement aOption schoolProgram resourceterminates officeron byor anafter employerJuly that1, participates2010, inwho theis Floridaretired Retirementunder Systemthis andchapter, receiveexcept compensationunder fromthe thatdisability employer and retirement benefitsprovisions afterof meetingsubsection the(4) definitionor ofas terminationprovided 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.
Show all 81 changed lines (41 more)
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(1) (a)In andorder (b)to offund subsectionthe (2)benefit ofchanges sectionprovided 122.16,by this act, the required employer contribution rates for the members of the Florida Statutes,Retirement areSystem amendedestablished toin read:s.
122.16121.71(4), EmploymentFlorida afterStatutes, retirement.—are (2)(a)increased Anyas personfollows: retired under this chapter, except under the disability retirement provisions of ss.
122.09(a) andBy 122.34,0.02 maypercentage bepoint reemployed by any private or public employer in a position that qualifies for the SpecialRegular RiskClass. 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.
Page(b) 2By of0.05 3percentage CODING: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 CS for SB 400 23-00372A-24585-02592-24 2024400__2024400c1 (b) Any person to whom the limitation in paragraphs. (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;
and121.71(5), hisFlorida orStatutes, herare retirementincreased benefitsas mustfollows: shall be suspended for the balance of the 6-month 12-month limitation period.
Any(a) personBy employed0.03 inpercentage violationpoint 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 retirementRegular trustClass. fund of any benefits paid during the reemployment limitation period.
To(b) avoidBy liability,0.07 suchpercentage employingpoint agencyfor shall have a written statement from the retireeSpecial thatRisk heClass. or she is not retired from a state-administered retirement system.
Any(c) retirementBy benefits0.07 receivedpercentage bypoint suchfor person while he or she is reemployed during this reemployment limitation period must shall be repaid to the retirementSpecial trustRisk fund,Administrative andSupport hisClass. or her retirement benefits must shall remain suspended until such repayment has been made.
Any(d) benefitsBy suspended0.06 beyondpercentage thepoint reemploymentfor limitation period shall apply toward the repaymentElected ofOfficers’ benefitsClass—Legislators, receivedGovernor, inLt. violation of the reemployment limitation.
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.
Page 36 of 36 CODING:
Show all 81 changed rows (41 more)
View plain text versions (2)
- S 400 c1 View text Current pdf
- Introduced S 400 Filed pdf
Action History
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Died in Appropriations, companion bill(s) passed, see CS/HB 151 (Ch. 2024-92)
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Now in Appropriations
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Favorable by Community Affairs; YEAS 8 NAYS 0
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On Committee agenda-- Community Affairs, 02/06/24, 3:00 pm, 401 Senate Building
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CS by Governmental Oversight and Accountability read 1st time
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Now in Community Affairs
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Pending reference review under Rule 4.7(2) - (Committee Substitute)
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CS by Governmental Oversight and Accountability; YEAS 6 NAYS 0
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On Committee agenda-- Governmental Oversight and Accountability, 01/29/24, 1:30 pm, 301 Senate Building
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Introduced
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Referred to Governmental Oversight and Accountability; Community Affairs; Appropriations
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Filed
Sponsors
- Governmental Oversight and Accountability · Primary
- Danny Burgess · Primary
- Ed Hooper · Cosponsor
- Collins · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 2 co-sponsors · 160 not signed on
Sponsors (2)
- Governmental Oversight and Accountability
- Burgess, Danny Republican
Co-sponsors (2)
- Hooper, Ed Republican
- Collins
Not signed on (160)
160 members have not signed on to this bill.
Show all 160 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 1 | 0 | 0 | 0 |
| Democrat | 2 | 0 | 0 | 0 |
| Republican | 4 | 0 | 0 | 0 |
| No Party Affiliation | 1 | 0 | 0 | 0 |
| Total | 8 | 0 | 0 | 0 |
| % 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 |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 4 | 0 | 0 | 0 |
| Democrat | 2 | 0 | 0 | 0 |
| Total | 6 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (6)
| Member | Party | Vote |
|---|---|---|
| Davis, Tracie | Democrat | Yea |
| Polsky, Tina Scott | Democrat | Yea |
| Albritton, Ben | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Vacant | Republican | Yea |
| Wright, Tom A. | Republican | Yea |
Subjects
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?
- Track SB 400 free on One Click Politics — get push/email alerts when it moves.
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