Section 60S-4.012 - Employment After Retirement(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; or2. 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; or3. 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; or4. 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; or2. 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; or3. 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.Fla. Admin. Code Ann. R. 60S-4.012
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, Amended by Florida Register Volume 44, Number 182, September 18, 2018 effective 9/30/2018.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.