§ 20. Reemployment After Retirement.

(1)

Any person who is retired and entitled to receive retirement benefits from the pension fund for the police department of the City of Orlando may be reemployed by any private or public employer after retirement and receive compensation from the employer and such retirement benefits without limitation, except that a person who, within the 12 months immediately subsequent to the date of his retirement, is reemployed by either the police department or fire department of the City of Orlando may not receive such retirement benefits for the period beginning on the date of such reemployment and ending on the first anniversary of the date of his retirement. The 12-month limitation period imposed by this paragraph applies to reemployment in any capacity with the police department or fire department of the City of Orlando, irrespective of the category of funds from which the person is compensated.

(2)

A person to whom the limitation in subsection (1) applies and who is reemployed by either the police department or fire department of the City of Orlando within the 12 months immediately subsequent to the date of retirement must give timely notice of his or her status to the Orlando Police Pension Board. The retirement benefits shall be suspended for the balance of the 12-month limitation period; any retirement benefits received during the 12-month limitation period shall be repaid to the pension fund, and the retirement benefits shall remain suspended until such repayment has been made. Any retirement benefits suspended beyond the 12-month limitation period shall be applied toward the repayment of any retirement benefits received during the 12-month limitation period.

(3)

A retiree who draws a pension from the pension fund for either the police department or fire department of the City of Orlando, regardless of the date of reemployment, is not entitled to earn and draw another pension from either pension fund. If the police department or fire department of the City of Orlando employs a person who is entitled during such reemployment to receive retirement benefits from the pension fund for either the police department or fire department of the City of Orlando, the employer must pay into its pension fund an amount equal to the unfunded actuarial accrued liability portion, if any, of any contribution that would have been paid into the fund with respect to such employee were he or she a regular employee entitled to earn a pension.

(4)

Notwithstanding the provisions of subsections (1) and (2), a person who is retired under the provisions of this plan and who is reemployed as a sworn member of the City of Orlando Police Department shall be reinstated as a participant in the pension plan and upon reinstatement shall be accorded all provided rights therein, provided that the retiree will not receive or be entitled to any pension benefit payment during the period of reemployment. Upon subsequent termination of employment said member will only be entitled to receive a recalculated pension payment based on total credited service and average monthly salary based on months of actual service, whether or not continuous, computed as provided in the plan.

(5)

In the event that the provisions of subsections (1) through (3) of section 20 are found by the Internal Revenue Service to preclude this retirement plan from being a qualified pension plan under the Internal Revenue Code, or to preclude the trust from being an exempt organization under the Internal Revenue Code, then it is the intent of the Legislature that the provisions of subsections (1) through (3) not be enforced or effective and, therefore, not serve as a bar to qualification for exempt organization status.

(Laws of Fla. ch. 88-541, § 1; Laws of Fla. ch. 95-482, § 20; Laws of Fla. 2003-339, § 3)