Current through Reg. 50, No. 187; September 24, 2024
(1) Any
retired member of a state-administered retirement system of Florida except for
a retiree under the disability retirement provisions of section
121.091(4),
F.S., may be employed by a private employer or a public employer who does not
participate in the Florida Retirement System without affecting his or her
retirement benefits.
(2) The
following reemployment limitations shall apply to any retiree of a
state-administered retirement system who is reemployed by a Florida Retirement
System employer in either a regularly established position or a temporary
position, during the first 12 calendar months of retirement. For service
retirements without DROP participation this 12 calendar month reemployment
limitation period shall commence the month of the retiree's effective date of
retirement. For DROP participants such reemployment limitation period shall
apply and commence in the calendar month following the participant's DROP
termination date. Any person employed in violation of any of the limitations in
this section, and any employing agency which knowingly employs or appoints such
person without notifying the Division 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. Such employing
agency shall have a written statement from the retiree that he or she is not
retired from a state-administered retirement system or may use the State Board
of Administration Form CERT (Rev. 06/2012)
http://www.flrules.org/Gateway/reference.asp?No=Ref-01935,
Florida Retirement System (FRS) - Certification Form, created for such purpose
and herein adopted by reference, which may be obtained from the Employer page
of the Division's website, www.frs.MyFlorida.com, or by calling the
Division Toll Free at (844)377-1888, if calling from outside the Tallahassee
calling area or locally at (850)907-6500, or if hearing of speech impaired by
calling the Division via T.D.D. at the Florida Relay System by dialing 711 or
(800)955-8771.
(a)
1. For retirements without DROP participation
effective before July 1, 2010 and for DROP termination dates before July 1,
2010, reemployment with an employer during the first calendar month of the 12
calendar month reemployment limitation period shall result in cancellation of
retirement; the member's retirement application shall be void and he or she
shall be required to repay all retirement benefits received including any DROP
accrual.
2. For retirements without
DROP participation effective on or after July 1, 2010 and for DROP termination
dates on or after July 1, 2010, reemployment with an employer during the first
six calendar months of the 12 calendar month reemployment limitation period
shall result in cancellation of retirement; the member's retirement application
shall be void and he or she shall be required to repay all retirement benefits
received including any DROP accrual.
(b)
1. For
retirements without DROP participation effective before July 1, 2010 and for
DROP termination dates before July 1, 2010, reemployment with an employer
during the second through twelfth calendar months of the reemployment
limitation period shall result in suspension of retirement benefits except as
provided in subsection
60S-4.012(3),
F.A.C.
2. For retirements without
DROP participation effective on or after July 1, 2010 and for DROP termination
dates on or after July 1, 2010, reemployment with an employer during the
seventh through the twelfth calendars of the reemployment limitation period
shall result in suspension of retirement benefits.
3. If a retiree is reemployed during the
calendars months of the reemployment limitation period applicable to his or her
effective retirement date or DROP termination date as provided in sub paragraph
1. or 2., above, he or she shall:
a. Notify
the Division in writing of such employment and have his or her benefits
suspended effective the first day of the first month of reemployment which may
be done utilizing Form FR-23 effective 09/18,
http://www.flrules.org/Gateway/reference.asp?No=Ref-09933,
Florida Retirement System Pension Plan Notification of Reemployment for
Suspension of Retirement Benefits, herein adopted by reference, which may be
obtained from the Forms page of the Division's website,
www.frs.MyFlorida.com, or by calling
the Division Toll Free at (844)377-1888, if calling from outside the
Tallahassee calling area or locally at (850)907-6500. Individuals with a
hearing or speech impairment may call the Division via T.D.D. at the Florida
Relay System by dialing 711 or (800)955-8771. This suspension shall remain in
effect for the balance of the reemployment limitation period or for every month
of the reemployment limitation period in which he or she is employed, and
benefits that would have been paid during the period of suspension are
forfeited;
b. Notify the employer
in writing that he or she is receiving retirement benefits from a
state-administered retirement system;
c. Upon expiration of the reemployment
limitation period or upon termination of employment prior to expiration of the
reemployment limitation period, notify the Division in writing that his or her
reemployment limitation period has been completed or that he or she is no
longer employed and desires to have his or her benefits reinstated which may be
done utilizing Form FR-23a (Rev. 05/05),
http://www.flrules.org/Gateway/reference.asp?No=Ref-00356,
Florida Retirement System Pension Plan Application to Reactivate Retirement
Benefits, herein adopted by reference, which may be obtained from the Forms
page of the Division's website,
www.frs.MyFlorida.com, or by calling the
Division Toll Free at (844)377-1888, if calling from outside the Tallahassee
calling area or locally at (850)907-6500. Individuals with a hearing or speech
impairment may call the Division via T.D.D. at the Florida Relay System by
dialing 711 or (800)955-8771. Upon verification by his or her employer, his or
her retirement benefits will then be reinstated effective the first day of the
month following termination of employment or expiration of the reemployment
limitation period;
4. If
he or she returns to work again during the reemployment limitation period,
notify the Division to suspend his or her benefits again for any month in which
he or she is employed.
(c) If he or she is reemployed by an employer
and fails to have his or her retirement benefits suspended during the
reemployment limitation period stated in subsection (2), above, he or she
shall:
1. Have his or her retirement benefits
suspended;
2. Repay to the Division
any retirement benefits received while reemployed during the reemployment
limitation period. Such suspension shall continue until full repayment has been
made for all retirement benefits received during the reemployment limitation
period stated in subsection (2), above. Benefits suspended beyond the
reemployment limitation period shall apply toward repayment of benefits
received in violation of the reemployment
limitation.
(3)
(a) For retirements without DROP
participation effective before July 1, 2010 and for DROP termination dates
before July 1, 2010, after the first calendar month of the reemployment
limitation period, certain retirees may be reemployed for 780 hours during the
second through the twelfth calendar months of the reemployment limitation
period as follows:
1. Such retiree of the
Florida Retirement System or the Teachers' Retirement System may be reemployed
by a community college board of trustees as an adjunct instructor; or
2. Such retiree of the Florida Retirement
System or the Teachers' Retirement System may be reemployed by a community
college board of trustees as a participant in a phased retirement program,
within the State Community College System; or
3. Such retiree of the Florida Retirement
System or the Teachers' Retirement System may be reemployed as an adjunct
faculty member as defined in paragraph
6C-5.910(4)(a),
F.A.C., or as a participant in a phased retirement program, within the State
University System; or
4. Such
retiree as described in subparagraphs 1. through 3., who is reemployed is
subject to the following:
a. He or she may
concurrently receive retirement benefits and compensation for such employment
for a total of 780 hours during the second through the twelfth calendar months
of the reemployment limitation period stated in subsection
60S-4.012(2),
F.A.C.;
b. He or she shall notify
the employer in writing that he or she is receiving retirement benefits from
the Florida Retirement System or the Teachers' Retirement System;
c. If he or she is reemployed for more than
780 hours during the reemployment limitation period he or she shall:
I. Notify the employer and the Division in
writing of the date on which he or she will complete 780 hours of employment,
at which time the Division shall suspend his or her retirement benefits
effective the first day of the month following the month in which he or she
completes 780 hours of employment. This suspension shall remain in effect for
every month in which he or she is employed during the remainder of the
reemployment limitation period, and benefits that would have been paid during
the period of suspension are forfeited;
II. Repay to the Division any retirement
benefits received during the reemployment limitation period while reemployed
beyond the month in which he or she completes 780 hours of employment. Benefits
suspended beyond the end of the reemployment limitation period shall apply
toward repayment of benefits received during the reemployment limitation period
while reemployed beyond the month in which he or she completes 780 hours of
employment;
III. Upon expiration of
the reemployment limitation period or upon termination of employment prior to
expiration of the reemployment limitation period, notify the Division in
writing that his or her reemployment limitation period has expired or that he
or she is no longer employed and desires to have his or her benefits
reinstated. Upon verification by his or her employer, his or her retirement
benefits will then be reinstated effective the first day of the month following
termination of employment or expiration of the reemployment limitation
period;
IV. If he or she returns to
work again during the reemployment limitation period, notify the Division to
suspend his or her benefits again for any month in which he or she is
employed.
(b) For retirements without DROP
participation effective before July 1, 2010 and for DROP termination dates
before July 1, 2010, after the first calendar month of the reemployment
limitation period, certain retirees may be reemployed during the second through
the twelfth months of the reemployment limitation period as follows:
1. Such retiree may be reemployed by a
district school board as a classroom teacher (as defined in section
1012.01(2)(a),
F.S.) on an annual contractual basis, non-contractual substitute or hourly
teacher, education paraprofessional, transportation assistants, bus drivers, or
food service workers; or
2. Such
retiree may be reemployed by the Florida School for the Deaf and the Blind as a
substitute teacher, substitute residential instructor, or substitute nurse on a
non-contractual basis; or
3. Such
retiree may be reemployed by participating charter schools as a classroom
teacher (as defined in section
1012.01(2)(a),
F.S.) on an annual contractual basis, or as substitute or hourly teacher on a
non-contractual basis.
4. Such
retiree may be reemployed by Developmental Research school on an annual
contractual basis as a classroom teacher as defined in section
1012.01(2)(a),
F.S., or as substitute or hourly teacher or education paraprofessional on a
non-contractual basis.
5. Such
retiree who is reemployed as described in subparagraphs 1. through 4., is
subject to the following:
a. He or she may
concurrently receive retirement benefits and compensation for such employment
during the second through the twelfth calendar months of the reemployment
limitation period stated in subsection
60S-4.012(2),
F.A.C.;
b. He or she shall notify
the employer in writing that he or she is receiving retirement benefits from
the Florida Retirement System or the Teachers' Retirement
System;
(c) For
retirements without DROP participation effective on or after July 1, 2010 and
for DROP termination dates on or after July 1, 2010. Exceptions for FRS
retirees are outlined in section
121.091(9),
F.S.
(4) Any retired
member who is reemployed under the provisions of subsection
60S-4.012(2) or
(3), F.A.C., shall not have his or her
average final compensation or years of creditable service adjusted because of
such employment.
Rulemaking Authority
121.031 FS. Law Implemented
121.021,
121.053,
121.091(9),
121.046(4),
238.181
FS.
New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74,
Amended 7-1-79, 8-26-81, 9-9-82, 10-11-82, 11-6-84, 4-17-85, 9-24-85, Formerly
22B-4.12, Amended 3-11-87, 2-7-89, 9-5-90, 11-14-91, 9-8-92, Formerly
22B-4.012, Amended 3-18-93, 4-5-95, 12-12-96, 2-24-99, 8-13-03, 4-5-12,
3-25-13, 9-30-18.
