Fla. Admin. Code Ann. R. 19-11.009 - Reemployment with an FRS-Participating Employer after Retirement
(1) Reemployment.
(a) If reemployed prior to July 1, 2010, a
member may return to work with an FRS employer after being retired for six (6)
calendar months. Six calendar months means six full calendar months following
the month the member retired. For example, if a member retires in January, the
six calendar months are February, March, April, May, June and July. The retiree
may return to employment in August. The retiree may return to employment in one
of the excepted positions identified in Section
121.091(9)(b),
F.S., and continue to take distributions from prior career benefits. If the
retiree returns to work in a position that is not one of the exceptions allowed
by law, the receipt of any remaining retirement benefits is suspended until
either employment is terminated or the completion of 12 calendar months of
retirement.
(b) If reemployed on or
after July 1, 2010, a member may return to work in any position with an FRS
employer after being retired for six (6) calendar months. Six calendar months
means six full calendar months following the month the member retired. For
example, if a member retires in January, the six full calendar months are
February, March, April, May, June, and July. The retiree may return to
employment in August. The member must suspend receipt of any remaining
retirement benefits until either employment is terminated or the completion of
12 calendar months of retirement. However, a retired law enforcement officer
may be reemployed as a school resource officer by an FRS employer and receive
both a salary and retirement benefits once six calendar months have elapsed
immediately after the officer's date of retirement. Also, a member who
volunteers in an FRS employer-provided volunteer program during the first 12
calendar months can continue to receive retirement benefits.
(c) To prevent hiring an ineligible retiree,
the employer should obtain a written statement from each prospective employee
as to the employee's retirement status. The written statement can be set forth
on the "Certification Form," Form CERT, rev. 07-23
http://www.flrules.org/Gateway/reference.asp?No=Ref-16168,
which is hereby adopted and incorporated by reference. The form can be found on
the MyFRS.com website. This form should be retained in the employee's personnel
file.
(d) A retiree who returns to
work with an FRS employer prior to being retired for six (6) calendar months
and an employer that employs or appoints such retiree are jointly and severally
liable for repaying retirement benefits paid from the Investment Plan. In lieu
of repayment, the member may terminate all employment from all FRS
employers.
(2) Renewed
Membership.
(a) A retiree of the Investment
Plan who is reemployed with an FRS employer in a covered position on or after
July 1, 2010 through June 30, 2017, is not eligible for renewed
membership.
(b) A retiree of the
Investment Plan, Senior Management Service Optional Annuity Program (SMSOAP),
State University System Optional Retirement Program (SUSORP) and State
Community College System Optional Retirement Program (SCCSORP) who is
reemployed with a FRS-participating employer in a covered position on or after
July 1, 2017 is a mandatory renewed member of the Investment Plan, unless
employed in a position eligible for participation in the SUSORP or SCCSORP.
1. The renewed Investment Plan member will be
enrolled in the Regular Class, unless the position meets the requirements to
enroll in the Special Risk Class, Elected Officers' Class or Senior Management
Service Class.
2. Employee and
employer contributions will be deposited in an account for the Investment Plan
member and invested in an age appropriate retirement date fund. The renewed
member may move the funds once the account is activated.
3. The renewed Investment Plan member must
satisfy the vesting requirements of the Investment Plan.
4. The renewed Investment Plan member or the
employer may not pay any contributions for employment by the renewed member for
the period of July 1, 2010 through June 30, 2017.
5. The renewed Investment Plan member is not
eligible to enroll in the Pension Plan.
Notes
Rulemaking Authority 121.4501(8) FS. Law Implemented 121.021(29), (39), 121.091(9)(b), (c), 121.4501(2)(j), 121.591(1)(a)4. FS.
New 11-26-07, Amended 12-8-08, 8-7-11, 7-12-12, 4-12-17, 2-12-18, 2-19-19, 4-8-20, 5-11-22, 7-26-23, 4-22-24.
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