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Board attorney to review whether retired firefighter can return to full duty and keep pension
Summary
Trustees asked whether a retired, benefit‑receiving firefighter could rejoin the department (in the FRS plan) and continue collecting the Oldsmar pension; counsel said he will review the plan document and draft an opinion considering Internal Revenue Code limits.
During the meeting, a trustee raised a personnel and benefits question: an individual who previously retired and is receiving an Oldsmar pension has been offered a position that would place the person under the Florida Retirement System (FRS). Trustees asked whether that person could return to full‑time work and continue to collect the Oldsmar pension.
"Would he still be able to collect his benefit if he were to come back on as a full‑time firefighter in FRS?" a trustee asked.
Mr. Robinson, the board attorney, said he would review the plan document and draft an opinion. He noted that because the returning employee would move into a different retirement plan, an in‑service distribution might not be the operative mechanism and that he needed to confirm whether plan language contains restrictions on working while receiving benefits. "I'll have to review the plan document entirely to see," Robinson said, and he offered to send an opinion by email.
Trustees said they would like an answer promptly because the individual and the city are attempting to plan staffing; staff nodded agreement that a quick clarification would be helpful. No formal determination was made at the meeting.
