What Florida law says
Under Florida Statutes 112.0801, any state agency, county, municipality, special district, community college or district school board that offers group health coverage to its employees must let retirees and their eligible dependents keep participating in the group plan or self-insurance plan. The law sets these terms:
- Same coverage: retirees must be offered the same health and hospitalization coverage as active employees.
- Premium cap: the premium can be no more than the premium for active employees. The employer or the retiree may pay it.
- Medicare retirees: retirees covered by Medicare may be rated separately, if the total premium doesn't exceed the active group's and coverage is basically the same.
- Who counts as a retiree: someone who retires under a state retirement system (or a state optional annuity or retirement program, or disability retirement) and begins receiving benefits immediately. FRS Investment Plan members qualify if they meet the age and service tests.
This is a separate program from State Group Insurance, which covers state employees and retirees; see Florida state retirees and Medicare.
How it works with Medicare
The law doesn't say how a local plan must coordinate with Medicare, so each employer decides. Retiree coverage generally pays after Medicare, which is why many retiree plans expect you to have Part B. Ask your former employer's benefits office:
- Do I need Part A and Part B? If the plan pays as though Medicare paid first, skipping Part B can leave you with large bills, and signing up late can mean a lifelong penalty.
- Is it a plan that pays after Medicare, or a group Medicare Advantage plan? The answer decides whether Medigap is even an option.
- Is the drug coverage creditable? If it is, you can delay Part D without a penalty. Your plan sends a yearly notice.
- What happens if I join an individual Medicare plan, and can I come back? Get the answer in writing before you enroll.
If you leave the employer plan
Florida has no Medigap birthday rule, but Florida law (Fla. Stat. 627.6741) gives a 2-month window to buy Medigap without health questions after coverage under a group health insurance policy ends, alongside federal 63-day rights when retiree coverage that pays after Medicare ends. Whether one applies depends on the coverage and why it ends, so get Medigap approval in writing before canceling. See Medigap after employer coverage ends. To compare individual plans from the companies they work with, you can request a call from a licensed insurance agent.
Related questions
Can I use the FRS HIS with Medicare?
The subsidy for FRS retirees.
Do Florida state retirees need Part B?
How the State plan handles it.
What Medicare options does State Group Insurance offer?
For state, not local, retirees.
Sources
- Florida Statutes 112.0801, Group insurance; participation by retired employees
- FRS Division of Retirement — Form HIS-1 and instructions
- Medicare.gov — Avoid late enrollment penalties
- Florida Statutes 627.6741, Medicare supplement policies
More questions in this guide
- Do Florida state retirees need Medicare Part B?
- What is the FRS Health Insurance Subsidy and can I use it with Medicare?
- What Medicare options does Florida's State Group Insurance program offer retirees?
- What happens to my Florida State Group Insurance when I turn 65?
Part of the guide: Florida state retirees and Medicare · All questions
Frequently asked questions
Do I have to stay on my former employer's plan once I have Medicare?
No. Florida law gives you the option to continue; it doesn't require it. Before you drop the plan, ask whether you could ever rejoin, and line up new coverage first.
Can a local government charge Medicare retirees a different premium?
Florida Statutes 112.0801 lets employers rate retirees on Medicare separately, as long as the total premium doesn't exceed the active group's and the coverage is basically the same.
Can I get the FRS Health Insurance Subsidy as a local government retiree?
If you retired from the Florida Retirement System, yes, if you otherwise qualify. Your former employer can certify your coverage on the HIS form, and Medicare Part A and/or Part B also counts.
Medicare in your Florida county
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