Florida Retirement System

Back 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.

Applicable Publications/Quick Clips:

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 are considered retired when you completed your retirement application and terminated employment with all FRS participating employers. If you participate in DROP, your retirement is completed when your terminate employment.

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 your DROP termination date, 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 beginning the month after your DROP termination date.

If you have questions about termination or reemployment after retirement call the Division of Retirement toll free at 888-738-2252 or at 850-488-6491, or email the Division of Retirement at Calculations@dms.MyFlorida.com.



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 after DROP termination. The excepted positions are:

  • A Pension Plan retiree who is elected or appointed to an elective office is exempt from reemployment limitations.
  • A Pension Plan retiree who is 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 Schools Boards
    A Pension Plan retiree may be reemployed as a classroom teacher on an annual contractual basis. Additionally, a Pension Plan retiree may be reemployed as a substitute or hourly teacher, education paraprofessional, transportation assistant, bus driver, or food service worker on a noncontractual basis.
  • Florida School for the Deaf and the Blind
    A Pension Plan retiree may be reemployed as a substitute teacher, substitute residential instructor, or substitute nurse on a noncontractual basis.
  • Charter Schools A Pension Plan retiree may be reemployed as a classroom teacher on an annual contractual basis, or as a substitute or hourly teacher on a noncontractual basis.
  • Developmental Research Schools
    A Pension Plan retiree may be reemployed on an annual contractual basis as a classroom teacher or as a substitute or hourly teacher or education paraprofessional on a noncontractual basis
  • Community Colleges
    A Pension Plan retiree may be reemployed as an adjunct instructor or phased retirement program participant for up to 780 hours. Retirement benefits must be suspended for the balance of the 12 month limitation period beginning the month employment meets or exceeds 780 hours.
  • Universities
    Pension Plan retirees may be reemployed as adjunct faculty or phased retirement program participants with the State University System for up to 780 hours. Retirement benefits must be suspended for the balance of the 12 month limitation period beginning the month employment meets or exceeds 780 hours.

Any reemployed retiree whose position is not eligible for an exception listed above or who exceeds his or her 780-hour limitation should notify the Division of Retirement by telephone at 850-488-6491 or toll free at 888-738-2252, or by email at Calculations@dms.MyFlorida.com.

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 covered employment if you are initially reemployed by an FRS employer 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 this 6 calendar month period after retirement or DROP termination, your retirement will be voided. You 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 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, you must suspend further Pension Plan benefits for every month you are employed during this period. You and your employer will be required to repay any benefits you received when benefits should have been suspended. There are no reemployment exceptions.

After 1 Year
Once 1 year has passed since retirement, you can receive monthly Pension Plan benefits while being reemployed by an FRS employer.

Renewed Membership
Renewed membership in the FRS is not available for retirees who are initially reemployed on or after July 1, 2010.

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 Investment 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 calendar 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.

The provisions of the reemployment vary, depending on whether you retired before or after July 1, 2010 as follows:


Retirement Prior to July 1, 2010
Returning to Work in an Excepted Position
You may return to work during the first 7-12 calendar months of retirement in certain excepted positions as described below without impacting the receipt of additional Investment Plan distributions. You may return to this limited employment after being off all FRS-covered payrolls for at least 6 calendar months following the month in which the distribution was taken.

Returning to Work in a Non-Excepted Position
You may return to work during the first 7-12 calendar months of retirement in a non-excepted position as described below; however, no additional Investment Plan distributions are permitted until either you terminate employment or complete 12 calendar months of retirement. You may return to this limited employment after being off all FRS-covered payrolls for at least 6 calendar months following the month in which the distribution was taken.

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 if you retire and are initially reemployed by an FRS employer in an FRS-covered position prior to July 1, 2010.

Exceptions to the Reemployment Law (apply only if retired prior to July 1, 2010)
If you retire from the Investment Plan prior to July 1, 2010 and become reemployed in any of the following positions during the first 7-12 calendar months of your retirement, you may be exempt from the reemployment limitations, or you may be otherwise eligible for a limited exception, as follows:

  • A retiree who is elected or appointed to an elective office is exempt from reemployment limitations.
  • 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 Schools Boards
    After meeting the above termination 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
  • Florida School for the Deaf and the Blind
    After meeting the above termination requirements, Investment Plan retirees may be reemployed as substitute teachers, substitute residential instructors, or substitute nurses on a noncontractual basis.
  • Charter Schools After meeting the above termination 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.
  • Developmental Research Schools
    After meeting the above termination 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.
  • Community Colleges
    After meeting the above termination requirements, Investment Plan retirees may be reemployed as adjunct instructors or phased retirement program participants for up to 780 hours during the 7 - 12 calendar months of retirement.
  • Universities

    After meeting the above termination 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 7 - 12 calendar months of retirement.

Positions not listed above are considered non-excepted positions.

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 at 1-866-446-9377, Option 4.


Retirement 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 7 - 12 calendar months after retirement, no additional Investment Plan distributions are permitted until you either terminate employment or complete a total of 12 calendar 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.