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Reemployment After Retirement |
After you retire under the FRS, you can work for any private employer, for any public employer not participating in the FRS, or for any employer in another state, without affecting your FRS benefits. The provisions of the reemployment law vary, depending on whether your date of retirement or DROP termination is before or after July 1, 2010.
If you are reemployed in any capacity (FRS-covered or non-covered) in your first year (12 months) of retirement by an employer participating in the FRS, the following limitations and exceptions apply:
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| FRS Pension Plan |
FRS Investment Plan |
Effective Date of Retirement or DROP Termination Prior to July 1, 2010
- You must terminate employment (be off payroll with all FRS employers for 1 calendar month) to retire from the Pension Plan. If you return to work for an FRS participating employer during the first calendar month of your retirement, you will void your retirement and your FRS membership will be reestablished. All retirement benefits must be repaid and you must reapply for retirement, establishing a later effective date of retirement.
- If you are employed by an FRS-participating employer during the first month after ending your participation in DROP, both your retirement and DROP participation will be voided. All benefits received, including the DROP accumulation, must be repaid.
- During the 2nd through 12thmonth after your effective date of retirement or DROP termination, you cannot receive retirement benefits while earning salary from any participating FRS employer, except under limited circumstances as described below.
- If you work for a participating employer during the 2nd through 12th months after your effective retirement date, you must inform the Division of Retirement. Except as noted below, for any months you work during this limitation period, you will forfeit the right to receive benefits (the Division of Retirement will suspend your benefits and you must repay any such benefits inappropriately received for any month in which you are employed). After the first 12 months of retirement, there are no further reemployment limitations.
- If you are in DROP, you will be subject to reemployment limitations described above as soon as your period of DROP participation ends.
Exceptions to the Reemployment Law
After being retired for 1 calendar month, you may be reemployed in certain positions during the 2nd through 12th months after retirement or DROP termination. The excepted positions are:
- A retiree who is elected or appointed
to an elective office is exempt from reemployment limitations during the 2nd through 12th months of retirement.
- A retired justice or judge on temporary assignment to active judicial service pursuant to Article V of the State Constitution is exempt
from the reemployment limitations after being retired for 1 calendar month.
- Florida District Schools Boards
After meeting the above requirements, Pension Plan retirees may be reemployed as classroom teachers on an annual contractual basis. Additionally, noncontractual employment is allowed without further limitation for Pension Plan retirees who are hired as substitute or hourly teachers, education paraprofessionals, transportation assistants, bus drivers, or food service workers.
- Florida School for the Deaf and the Blind
After meeting the above requirements, Pension Plan retirees may be reemployed as substitute teachers, substitute residential instructors, or substitute nurses on a noncontractual basis.
- Charter Schools
After meeting the above requirements, Pension Plan retirees may be reemployed as classroom teachers on an annual contractual basis, or as substitute or hourly teachers on a noncontractual basis.
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Developmental Research Schools After meeting the above requirements, Pension Plan retirees may be reemployed on an annual contractual basis as classroom teachers, or as substitute or hourly teachers or education paraprofessionals on a noncontractual basis.
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Community Colleges After meeting the above requirements, Pension Plan retirees may be reemployed as adjunct instructors or phased retirement program participants for up to 780 hours during the 2nd through 12th months of retirement.
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Universities After meeting the above requirements, Pension Plan retirees may be reemployed as adjunct faculty or phased retirement program participants with the State University System for up to 780 hours during the 2nd through 12th months of retirement.
Any affected reemployed retiree who is not eligible for an exception or who exceeds his or her 780-hour limitation should notify the Division of Retirement.
After 1 Year
Once 1 year has passed since retirement or DROP termination, you can receive monthly Pension Plan benefits even if you are reemployed by an FRS employer.
Renewed Membership
Renewed membership in the FRS is available for this employment if you were initially reemployed by an FRS employer in an FRS-covered position prior to July 1, 2010.
Effective Date of Retirement or DROP Termination On or After July 1, 2010
The termination requirement is 6 calendar months following the effective date of retirement or DROP termination. If you are reemployed by an FRS participating employer within the 6 calendar month period after retirement or DROP termination, your retirement will be voided. You and your employer will be required to repay any benefits you received; your FRS membership will then be reinstated.
You may not return to employment with an FRS-covered employer until you have been retired for 6 calendar months. If youve been retired for 6 calendar months, and you return to employment with an FRS-covered employer during the next 6 months after retirement, you must suspend further Pension Plan benefits for every month you are employed during this period. There are no reemployment exceptions in this instance.
After 1 Year
Once 1 year has passed since retirement, you can receive monthly Pension Plan benefits, even if you are reemployed by an FRS employer.
Renewed Membership
Renewed membership in the FRS is not available for individuals who are initially reemployed on or after July 1, 2010.
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You are considered retired once you terminate FRS-covered employment and request a distribution (including a rollover) from your FRS Investment Plan account. A distribution may not be issued until you have been terminated for 3 calendar months (except that if you have met the normal retirement requirements of the Pension Plan you may receive a one-time distribution of up to 10% of your account balance after 1 calendar month). So, if you are reemployed with an FRS employer prior to receiving a distribution of your benefits, you will not be considered to have terminated.
You may not be reemployed with an FRS-participating employer for the first 12 months after a distribution without suspending your retirement benefits, except under limited circumstances as described below. Suspension of benefits, in this case, refers to your inability to take additional distributions from your Investment Plan account balance until certain requirements have been met. If you are reemployed by an FRS participating employer within the 6 calendar month period after retirement, your retirement will be voided. You and your employer will be required to repay any benefits you received; your FRS membership will then be reinstated. An alternative to repaying these benefits is to terminate employment for an additional period to satisfy the 6 month termination requirement.
Retirement and Reemployment Prior to July 1, 2010
Achieved Normal Retirement
If you have met the normal retirement requirements of the FRS Pension Plan (i.e., age 62 and 6 years of service or 30 years of service or, if Special Risk, age 55 and 6 years of Special Risk service or 25 years of Special Risk service), you may return to work in certain excepted positions as described below during and through the 12th month after retirement without suspending benefits. You may return to this limited employment after being off all FRS-covered payrolls for at least 6 calendar months. You may return to work in any position after being retired for 6 calendar months if you suspend your retirement benefits for the remainder of the 6 months after retirement or work in one of the excepted positions for the remaining 6 months.
Not Achieved Normal Retirement
If you have not met the normal retirement requirements of the FRS Pension Plan as described above, you may not return to FRS-covered employment in an excepted position until you have been retired for 6 calendar months (i.e., 6 calendar months following the month in which a distribution was taken). After being retired for 6 calendar months you may return to employment in one of the excepted positions during the remaining 6 months after retirement without suspending your retirement benefits, or you may return to work in any position if you suspend your retirement benefits for the remainder of the 6 months.
Exceptions to the Reemployment Law (apply only if retired and initially employed prior to July 1, 2010)
If you retire from the Investment Plan and are initially reemployed prior to July 1, 2010 in any of the following positions during your first year of retirement, you may be exempt from the reemployment limitations, or you may be otherwise eligible for a limited exception, as follows:
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A retiree who is elected or appointed to an elective office is exempt from reemployment limitations during the 2nd through 12th months of retirement.
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A retired justice or judge on temporary assignment to active judicial service pursuant to Article V of the State Constitution is exempt from the reemployment limitations.
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Florida District Schools Boards After meeting the above requirements, Investment Plan retirees may be reemployed as classroom teachers on an annual contractual basis. Additionally, noncontractual employment is allowed without further limitation for Investment Plan retirees who are hired as substitute or hourly teachers, education paraprofessionals, transportation assistants, bus drivers, or food service workers.
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Florida School for the Deaf and the Blind After meeting the above requirements, Investment Plan retirees may be reemployed as substitute teachers, substitute residential instructors, or substitute nurses on a noncontractual basis.
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Charter Schools After meeting the above requirements, Investment Plan retirees may be reemployed as classroom teachers on an annual contractual basis, or as substitute or hourly teachers on a noncontractual basis.
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Developmental Research Schools After meeting the above requirements, Investment Plan retirees may be reemployed on an annual contractual basis as classroom teachers, or as substitute or hourly teachers or education paraprofessionals on a noncontractual basis.
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Community Colleges After meeting the above requirements, Investment Plan retirees may be reemployed as adjunct instructors or phased retirement program participants for up to 780 hours during the 2nd through 12th months of retirement.
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Universities After meeting the above requirements, Investment Plan retirees may be reemployed as adjunct faculty or phased retirement program participants with the State University System for up to 780 hours during the 2nd through 12th months of retirement.
Any affected reemployed retiree who is not eligible for an exception or who exceeds his or her 780-hour limitation should notify the Investment Plan Administrator.
After 1 Year
Once 1 year has passed since retirement, you can receive further Investment Plan distributions even if you are reemployed by an FRS employer.
Renewed Membership
Renewed membership in the FRS is available for this employment if you were initially reemployed by an FRS employer in an FRS-covered position prior to July 1, 2010.
Retirement and Reemployment On or After July 1, 2010
You may not return to employment with an FRS-covered employer until you have been retired for 6 calendar months (i.e., 6 calendar months following the month in which a distribution was taken). If you've been retired for 6 calendar months, and you return to employment with an FRS-covered employer during the next 6 months after retirement, no additional Investment Plan distributions are permitted until you either terminate employment or complete a total of 12 months of retirement. There are no reemployment exceptions in this instance.
After 1 Year
Once 1 year has passed since retirement, you can receive further Investment Plan distributions, even if you are reemployed by an FRS employer.
Renewed Membership
Renewed membership in the FRS is not available for individuals who are initially reemployed on or after July 1, 2010.
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