19-11.009. Reemployment with a Florida Retirement System (FRS) 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.

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. History–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.