SENATE AMENDMENT

    Bill No. CS/CS/CS/HB 3075, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Myers moved the following amendment:

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13         Senate Amendment 

14         On page 42, line 17, through

15            page 45, line 15, delete those lines

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17  and insert:

18         (1)  With respect to chapter plans:

19         (a)  A firefighter having 10 or more continuous years

20  of credited service or a firefighter who becomes totally and

21  permanently disabled in the line of duty, regardless of length

22  of service, and having contributed to the firefighters'

23  pension trust fund for 10 years or more may retire from the

24  service of the municipality or special fire control district

25  under the plan if, prior to his or her normal retirement date,

26  the firefighter becomes totally and permanently disabled as

27  defined in paragraph (b) subsection (2) by reason of any cause

28  other than a cause set out in paragraph (c) subsection (3) on

29  or after the effective date of the plan.  Such retirement

30  shall herein be referred to as "disability retirement."  The

31  provisions for disability other than line-of-duty disability

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/CS/HB 3075, 1st Eng.

    Amendment No.    





 1  shall not apply to a member who has reached early or normal

 2  retirement age.

 3         (b)(2)  A firefighter will be considered totally

 4  disabled if, in the opinion of the board of trustees, he or

 5  she is wholly prevented from rendering useful and efficient

 6  service as a firefighter; and a firefighter will be considered

 7  permanently disabled if, in the opinion of the board of

 8  trustees, he or she is likely to remain so disabled

 9  continuously and permanently from a cause other than is

10  specified in paragraph (c) subsection (3).

11         (c)(3)  A firefighter will not be entitled to receive

12  any disability retirement income if the disability is a result

13  of:

14         1.(a)  Excessive and habitual use by the firefighter of

15  drugs, intoxicants, or narcotics;

16         2.(b)  Injury or disease sustained by the firefighter

17  while willfully and illegally participating in fights, riots,

18  or civil insurrections or while committing a crime;

19         3.(c)  Injury or disease sustained by the firefighter

20  while serving in any armed forces; or

21         4.(d)  Injury or disease sustained by the firefighter

22  after his or her employment has terminated.

23         (d)(4)  No firefighter shall be permitted to retire

24  under the provisions of this section until he or she is

25  examined by a duly qualified physician or surgeon, to be

26  selected by the board of trustees for that purpose, and is

27  found to be disabled in the degree and in the manner specified

28  in this section.  Any firefighter retiring under this section

29  may shall be examined periodically by a duly qualified

30  physician or surgeon or board of physicians and surgeons, to

31  be selected by the board of trustees for that purpose, to

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/CS/HB 3075, 1st Eng.

    Amendment No.    





 1  determine if such disability has ceased to exist.

 2         (e)(5)  The benefit benefits payable to a firefighter

 3  who retires from the service of a municipality or special fire

 4  control district due to total and permanent disability as a

 5  direct result of a disability commencing prior to his or her

 6  normal retirement date is the monthly income payable for 10

 7  years certain and life for which, if the firefighter's

 8  disability occurred in the line of duty, his or her monthly

 9  benefit shall be the accrued retirement benefit, but shall not

10  be less than 42 percent of his or her average monthly salary

11  at the time of disability.  If after 10 years of service the

12  disability is other than in the line of duty, the

13  firefighter's monthly benefit shall be the accrued normal

14  retirement benefit, but shall not be less than 25 percent of

15  his or her average monthly salary at the time of disability.

16         (f)(6)  The monthly retirement income to which a

17  firefighter is entitled in the event of his or her disability

18  retirement shall be payable on the first day of the first

19  month after the board of trustees determines such entitlement.

20  However, the monthly retirement income shall be payable as of

21  the date the board determines such entitlement, and any

22  portion due for a partial month shall be paid together with

23  the first payment.  The last payment will be, if the

24  firefighter recovers from the disability prior to his or her

25  normal retirement date, the payment due next preceding the

26  date of such recovery or, if the firefighter dies without

27  recovering from the disability, the payment due next preceding

28  his or her death or the 120th monthly payment, whichever is

29  later. In lieu of the benefit payment as provided in this

30  paragraph, a firefighter may select an optional form as

31  provided in s. 175.171. Any monthly retirement income payments

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/CS/HB 3075, 1st Eng.

    Amendment No.    





 1  due after the death of a disabled firefighter shall be paid to

 2  the firefighter's designated beneficiary (or beneficiaries) as

 3  provided in ss. 175.181 and 175.201.

 4         (g)(7)  If the board of trustees finds that a

 5  firefighter who is receiving a disability retirement income

 6  is, at any time prior to his or her normal retirement date, no

 7  longer disabled, as provided herein, the board of trustees

 8  shall direct that the disability retirement income be

 9  discontinued. "Recovery from disability" as used herein means

10  the ability of the firefighter to render useful and efficient

11  service as a firefighter.

12         (h)(8)  If the firefighter recovers from disability and

13  reenters the service as a firefighter, service will be deemed

14  to have been continuous, but the period beginning with the

15  first month for which he or she received a disability

16  retirement income payment and ending with the date he or she

17  reentered the service may will not be considered as credited

18  service for the purpose of this plan.

19         (2)  With respect to a local law plan, the plan shall

20  provide a disability benefit for its firefighters, or for its

21  firefighters and police officers where included, and their

22  beneficiaries.

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