United States District Court, S.D. Florida
FLORA E. SEFF, Plaintiff,
THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, Defendant.
ORDER ON DEFENDANT'S MOTION FOR SUMMARY
MATTER is before the Court upon the Defendant Board of County
Commissioners of Miami-Dade County's (the
“County” or “Defendant”) Motion for
Summary Judgment, ECF No. 19. The Court has reviewed the
Motion, all supporting and opposing filings and submissions,
the record in the case, and is otherwise fully advised on the
premises. For the reasons that follow, Defendant's Motion
for summary judgment is granted.
case involves Defendant's alleged violation of the Age
Discrimination in Employment Act (“ADEA”), 29
U.S.C. § 623(a) (prohibiting age discrimination by an
“employer”), the Equal Protection Clause of the
Fourteenth Amendment to the United States Constitution, U.S.
Const. Amend. XIV, and Title VII of the Civil Rights Act of
1964 (“Title VII”), 42 U.S.C. § 1983, by
implementing practices, policies, and procedures that
subjected Plaintiff, Flora Seff (“Plaintiff ” or
“Seff ”), to discrimination based on her age. 1.
Seff's Previous Employment Ms. Seff, has served the state
of Florida in a public capacity for at least thirty
years.Compl. ¶¶ 8, 9. Prior to her
employment with the County, Seff held public employment in
Florida as an Assistant State Attorney from 1980 through
2008. Seff Decl. ¶
was also employed
County Court judge from July 2008 through January 2009.
Id. As a result of her public employment, Seff was a
member of the Florida Retirement System (“FRS”)
Pension Plan. (Id. at ¶ 2.) and elected to
participate in the Deferred Retirement Option Program
(“DROP”), an early retirement incentive program
that required Seff to resign her employment with the state of
Florida on May 31, 2015, the same date as her DROP
termination date. Id. at ¶5. Once retired, Seff
would be eligible to receive a monthly pension for her
February 25, 2011, Seff was hired as the Senior Legal Liaison
in the Miami-Dade Fire Rescue Department
(“MDFR”), she was paid $127, 363.07, the maximum
compensation permitted for her classification. Def.'s
Stmnt. Facts ¶ 6.
31, 2015, Seff terminated her employment with the County in
accordance with her DROP election. Id. at ¶ 11.
Seff subsequently began receiving monthly FRS retirement
benefit pension checks. Id. Seff has consistently
received FRS pension checks since her retirement in 2015.
Id. at ¶ 12.
County's Retiree Rehiring Policy
April 2010, the Miami-Dade County adopted County Resolution
Number 392-10 and Implementing Order 7-44, which sets forth
retirement benefits for state and local county government
employees. Id. at ¶ 8. The retiree rehiring
policy expressly states that it was promulgated to address
“double dipping, ” whereby an employee collects
“FRS” pension benefits and simultaneously
collects a salary from an FRS contributing public employer.
WHEREAS CLAUSES in County Resolution Number 392-10 state in
WHEREAS, such re-employment with an FRS employer is sometimes
referred to as “double dipping” because the
employee collects pension benefits from FRS, and also
collects a salary from the FRS employer; and
WHEREAS, during the 2009 regular session, the Florida
Legislature sought to address FRS “double
dipping” by passing HB 479, Chapter 2009-209, Laws of
Florida (“HB 479”), which provided that employees
who retire with FRS benefits on or after July 1, 2010, are
not eligible for re-employment with an FRS employer for six
months after retirement, and such retirees will not receive
retirement benefits for the seventh through 12 months after
WHEREAS, some states have made it illegal to collect
retirement benefits and return to work at the same job and
WHEREAS, other states have made it illegal to take any public
sector job in the same retirement system without ...