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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. 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:

FRS Pension Plan

FRS Investment Plan

  • 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. An exception applies in the case of elected officers in DROP as described below.
  • For 12 months after your effective date of retirement, you cannot earn salary from any participating FRS employer while drawing retirement benefits from the system. 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
If you retire from the Pension Plan and become reemployed 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:

  • A member who retires or ends DROP participation and is serving in an elective office or is elected, reelected, or appointed to an elective office is exempt from reemployment limitations during the 2nd through 12th months after termination.
  • 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.

After being retired for 1 calendar month, you may be reemployed in certain positions without further limitation during the 2nd through 12th months after retirement or DROP termination. The excepted positions are:

  • Florida District Schools Boards — After meeting the above requirements, Pension Plan retirees may be reemployed without limitation 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 aides, bus drivers, or food service workers.
  • Florida School for the Deaf and the Blind — Pension Plan retirees after meeting the above requirements may be reemployed on an annual contractual basis as classroom teachers or as substitute or hourly teachers on a noncontractual basis, without limitation. Allowable noncontractual employment exceptions also include substitute residential instructors and substitute nurses.
  • Charter Schools — Pension Plan retirees after meeting the above requirements may be reemployed as classroom teachers on an annual contractual basis or as substitute or hourly teachers on a noncontractual basis, without limitation.
  • Developmental Research Schools — Pension Plan retirees after meeting the above requirements may be reemployed on an annual contractual basis as classroom teachers or as substitute or hourly teachers on a noncontractual basis, without limitation.

After being retired for 1 calendar month, you may be reemployed in certain positions for up to 780 hours during the 2nd through 12th months after your effective retirement date or DROP termination. The positions eligible for a limited exception to the reemployment limitations are:

  • Community Colleges — Pension Plan retirees after meeting the above requirements may be reemployed as part-time, noncontractual adjunct instructors or phased retirement program participants for up to 780 hours during the 2nd through 12th months of retirement.
  • Universities — Pension Plan retirees after meeting the above requirements 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.
  • Firefighters or Paramedics — Pension Plan retirees after meeting the above requirements may be reemployed as firefighters or paramedics serving in temporary or regularly established positions 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.
An Investment Plan member is considered retired once he/she terminates FRS-covered employment and requests a distribution from his/her account. A distribution may not be issued until the Investment Plan member has been terminated for 3 calendar months (except that an Investment Plan member who has met the normal retirement requirements of the Pension Plan may receive up to 10% of their account balance after 1 month). So, if an Investment Plan member is reemployed with an FRS employer prior to receiving a distribution of his/her benefits, he or she will not be considered to have retired. Investment Plan retirees may not be reemployed with an FRS-participating employer for the first 12 months after a distribution has been requested and issued without suspending (do not take additional distributions) their retirement benefits, except under limited circumstances as described below.

  • If you retire under the Investment Plan and meet 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 the 2nd 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 1 calendar month.
  • If you retire under the Investment Plan and do not meet 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 3 calendar months. After being retired for 3 calendar months you may return to employment in one of the excepted positions during the remaining 9 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 nine-months.

Exceptions to the Reemployment Law
If you retire from the Investment Plan and become reemployed 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:

  • A member who retires and is serving in an elective office or is elected, reelected, or appointed to an elective office is exempt from reemployment limitations during the first year 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.
  • Florida District School Boards — After meeting the above requirements, Investment Plan retirees may be reemployed without hourly limitations as classroom teachers on an annual contractual basis. Additionally, noncontractual employment is allowed without further limitation for Investment Plan retirees who are hired as hourly or substitute teachers, education paraprofessionals, transportation aides, bus drivers, or food service workers.
  • Florida Schools for the Deaf and the Blind — Investment Plan retirees after meeting the above requirements may be reemployed on an annual contractual basis as classroom teachers or as substitute or hourly teachers on a noncontractual basis, without hourly limitations. Allowable noncontractual employment exceptions also include substitute residential instructors and substitute nurses.
  • Charter Schools — Investment Plan retirees after meeting the above requirements may be reemployed as classroom teachers on an annual contractual basis or as substitute or hourly teachers on a noncontractual basis, without hourly limitations.
  • Developmental Research Schools — Investment Plan retirees after meeting the above requirements may be reemployed on an annual contractual basis as classroom teachers or as substitute or hourly teachers on a noncontractual basis, without limitation.
  • Community Colleges — Investment Plan retirees after meeting the above requirements may be reemployed as part-time, noncontractual adjunct instructors or phased retirement program participants for up to 780 hours during the first year of retirement as described above.
  • Universities — Investment Plan retirees after meeting the above requirements may be reemployed as adjunct faculty or phased retirement program participants with the State University System for up to780 hours during the first year of retirement as described above.
  • Firefighters or Paramedics — Investment Plan retirees after meeting the above requirements may be reemployed as firefighters or paramedics serving in temporary or regularly established positions for up to 780 hours during the first year of retirement as described above.

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.