1998 Florida Code
TITLE X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 121 Florida Retirement System  
121.40   Cooperative extension personnel at the Institute of Food and Agricultural Sciences; supplemental retirement benefits.

1121.40  Cooperative extension personnel at the Institute of Food and Agricultural Sciences; supplemental retirement benefits.--

(1)  SHORT TITLE.--This section shall be known and may be cited as the "Institute of Food and Agricultural Sciences Supplemental Retirement Act."

(2)  PURPOSE.--The purpose of this act is to provide a supplement to the monthly retirement benefits being paid under the federal Civil Service Retirement System to, or with respect to, certain retired employees of the Institute of Food and Agricultural Sciences at the University of Florida, whose positions were ineligible for coverage under a state-supported retirement system.

(3)  DEFINITIONS.--The definitions provided in s. 121.021 shall not apply to this section except when specifically cited. For the purposes of this section, the following words or phrases have the respective meanings set forth:

(a)  "Institute" means the Institute of Food and Agricultural Sciences of the University of Florida.

(b)  "Division" means the Division of Retirement.

(c)  "Participant" means any employee of the institute who is eligible to receive a supplemental benefit as provided in subsection (4).

(d)  "Trust fund" means the Institute of Food and Agricultural Sciences Supplemental Retirement Trust Fund.

(e)  "Creditable service" means any service subsequent to December 1, 1970, with the institute as a cooperative extension employee holding both state and federal appointments, that is credited for retirement purposes by the institute toward a federal Civil Service Retirement System annuity.

(4)  ELIGIBILITY FOR SUPPLEMENT.--To be eligible for a benefit pursuant to the provisions of this section, a person must meet all of the following eligibility criteria:

(a)  The person must have held both state and federal appointments while employed at the institute, and have completed 10 years of creditable service with the institute, subsequent to December 1, 1970.

(b)  The person must be participating in the federal Civil Service Retirement System based on service at the institute.

(c)  The person must have retired from the institute on or after January 1, 1985, and must have been eligible for benefits under the federal Civil Service Retirement System commencing immediately upon the termination of service with the institute.

(d)  The person must have attained the age of 62.

(e)  The person must not be entitled to any benefit from a state-supported retirement system or from social security based upon service as a cooperative extension employee of the institute. Participation in the Institute of Food and Agricultural Sciences Supplemental Retirement Program shall not constitute membership in the Florida Retirement System.

(f)  The person must have been employed with the institute prior to, and on, July 1, 1983.

(5)  SUPPLEMENT AMOUNT.--The supplemental payment shall provide a benefit to the retiree equal to the amount by which the retirement annuity, without a survivor benefit, earned by the employee under the federal Civil Service Retirement System with respect to service as a cooperative extension employee of the institute after December 1, 1970, is inferior to:

(a)  An amount equal to the option one retirement benefit that the employee would have been entitled to receive at his or her normal retirement age under the Florida Retirement System, attributable only to creditable service after December 1, 1970, as a cooperative extension employee of the institute, excluding any past or prior service credit, had such employee been a member of the Florida Retirement System; plus

(b)  An amount equal to the primary insurance amount that the individual employee would have been entitled to receive under social security at age 62 had he or she been covered for such employment, such amount to be computed in accordance with the Social Security Act only with respect to employment as a cooperative extension employee of the institute after December 1, 1970.

(6)  PAYMENT OF SUPPLEMENT.--Any participant who retires on or after January 1, 1985, from the federal Civil Service Retirement System as a cooperative extension employee of the institute at the University of Florida and who satisfies all of the eligibility criteria specified in subsection (4) shall be entitled to receive a supplemental benefit computed in accordance with subsection (5), to begin July 1, 1985, or the month of retirement, or the month in which the participant becomes age 62, whichever is later. Upon application to the administrator, the participant shall receive a monthly supplemental benefit which shall commence on the last day of the month of retirement and shall be payable on the last day of the month thereafter during his or her lifetime. A participant may have federal income tax and health insurance premiums deducted from his or her monthly supplemental benefit in the same manner as provided in s. 121.091(14)(a) and (b) for monthly retirement benefits under the Florida Retirement System.

(7)  OPTIONAL FORMS OF SUPPLEMENTAL RETIREMENT BENEFITS.--Prior to the receipt of the first monthly supplemental retirement payment, a participant shall elect to receive the supplemental retirement benefits to which he or she is entitled under subsection (6) in accordance with s. 121.091(6).

(8)  DEATH BENEFITS.--

(a)  If the employment of a participant is terminated by reason of his or her death subsequent to the completion of 10 years of creditable service with the institute but prior to his or her actual retirement, such 10-year period having commenced on or after December 1, 1970, it shall be assumed that the participant had met all of the eligibility requirements under this section and had retired from the federal Civil Service Retirement System and under this section as of the date of death, having elected, in accordance with subsection (7), the optional form of supplemental payment most favorable to his or her beneficiary, as determined by the administrator. The monthly supplemental benefit provided in this paragraph shall be paid to the participant's beneficiary (spouse or other financial dependent) upon such beneficiary's attaining the age of 62 and shall be paid thereafter for the beneficiary's lifetime.

(b)  If a participant dies subsequent to his or her actual retirement under the federal Civil Service Retirement System but prior to attaining age 62, and such participant was otherwise eligible for supplemental benefits under this section, it shall be assumed that the participant had met all of the eligibility requirements under this section and had retired as of the date of death, having elected, in accordance with subsection (7), the optional form of supplemental payment most favorable to his or her beneficiary, as determined by the administrator. The monthly supplemental benefit provided in this paragraph shall be paid to the participant's beneficiary (spouse or other financial dependent) upon such beneficiary's attaining the age of 62 and shall be paid thereafter for the beneficiary's lifetime.

(9)  DESIGNATION OF BENEFICIARIES.--Each participant may designate beneficiaries in accordance with s. 121.091(8).

(10)  COST-OF-LIVING ADJUSTMENT OF SUPPLEMENTAL BENEFITS.--On each July 1, the supplemental benefit of each retired participant and each annuitant shall be adjusted as provided in s. 121.101.

(11)  EMPLOYMENT AFTER RETIREMENT: LIMITATION.--

(a)  Any person who is receiving a supplemental retirement benefit under this section may be reemployed by any private or public employer after retirement and receive supplemental retirement benefits pursuant to this section and compensation from his or her employer, without any limitations, except that no person may receive both a salary from reemployment with any agency participating in the Florida Retirement System and supplemental retirement benefits under this section for a period of 12 months immediately subsequent to the date of retirement.

(b)  Each person to whom the limitation in paragraph (a) applies who violates such reemployment limitation and who is reemployed with any agency participating in the Florida Retirement System prior to completion of the 12-month limitation period shall give timely notice of this fact in writing to the employer and to the division and shall have his or her supplemental retirement benefits suspended for the balance of the 12-month limitation period. Any person employed in violation of this subsection and any employing agency which knowingly employs or appoints such person without notifying the Division of Retirement 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. To avoid liability, such employing agency shall have a written statement from the retiree that he or she is not retired from a state-administered retirement system. Any supplemental retirement benefits received while reemployed during this reemployment limitation period shall be repaid to the trust fund, and supplemental retirement benefits shall remain suspended until such repayment has been made. Supplemental benefits suspended beyond the reemployment limitation shall apply toward repayment of supplemental benefits received in violation of the reemployment limitation.

(c)  The reemployment by an employer participating in the Florida Retirement System of any person receiving supplemental retirement benefits under this section shall have no effect on the amount of the supplemental benefit of that person. Prior to July 1, 1991, upon employment of any person, other than an elected officer as provided in s. 121.053, who is receiving supplemental retirement benefits under this section, the employer shall pay retirement contributions in an amount equal to the unfunded actuarial accrued liability portion of the employer contribution which would be required for regular members of the Florida Retirement System. Effective July 1, 1991, contributions shall be made as provided in s. 121.122 for renewed membership.

(d)  The limitations of this subsection apply to reemployment in any capacity with an "employer" as defined in s. 121.021(10), irrespective of the category of funds from which the person is compensated.

(12)  CONTRIBUTIONS.--

(a)  For the purposes of funding the supplemental benefits provided by this section, the institute is authorized and required to pay, commencing July 1, 1985, the necessary monthly contributions from its appropriated budget. These amounts shall be paid into the Institute of Food and Agricultural Sciences Supplemental Retirement Trust Fund, which is hereby created.

(b)  The monthly contributions required to be paid pursuant to paragraph (a) on the gross monthly salaries, from all sources with respect to such employment, paid to those employees of the institute who hold both state and federal appointments and who participate in the federal Civil Service Retirement System shall be as follows:

(13)  INVESTMENT OF THE TRUST FUND.--

(a)  The State Board of Administration shall invest and reinvest available funds of the trust fund in accordance with the provisions of ss. 215.44-215.53. The board shall consider investment techniques, such as contingent immunization or the development of a dedicated portfolio, which are directed toward developing minimum-risk procedures for supporting a prescribed liability schedule.

(b)  Costs incurred in carrying out the provisions of this 2part shall be deducted from the interest earnings accruing to the trust fund.

(14)  ADMINISTRATION OF SYSTEM.--

(a)  The division shall make such rules as are necessary for the effective and efficient administration of this system. The director of the division shall be the administrator of the system. The funds to pay the expenses for such administration shall be appropriated from the interest earned on investments made for the trust fund.

(b)  The division is authorized to require oaths, by affidavit or otherwise, and acknowledgments from persons in connection with the administration of its duties and responsibilities under this section.

(c)  The administrator shall cause an actuarial study of the system to be made at least once every 2 years and shall report the results of such study to the next session of the Legislature following completion of the study.

History.--s. 1, ch. 84-358; s. 6, ch. 85-246; s. 16, ch. 88-382; s. 19, ch. 90-274; s. 11, ch. 92-122; s. 61, ch. 92-279; s. 55, ch. 92-326; s. 10, ch. 93-193; s. 9, ch. 94-259; s. 1432, ch. 95-147; s. 19, ch. 95-154; s. 8, ch. 96-423; s. 15, ch. 98-138; s. 13, ch. 98-413.

1Note.--Section 16, ch. 98-138, provides that "[i]t is the intent of the Legislature that the amendments to sections 121.021, 121.051, 121.0515, 121.052, 121.053, 121.055, 121.071, 121.081, 121.091, 121.111, 121.121, 121.122, 121.35, and 121.40, Florida Statutes, made by this act are intended to be supplemental to other amendments to those sections which are enacted at the 1998 regular session of the Legislature, unless a contrary intent is specifically indicated in this act or in such other amendments."

2Note.--Chapter 121 is not divided into parts.

Note.--Former s. 240.508.