HOUSE AMENDMENT
Bill No. HB 1947, 1st Eng.
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Kilmer offered the following:
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13 Amendment (with title amendment)
14 On page 2, line 13,
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16 insert:
17 Section 1. Paragraph (b) of subsection (13) of section
18 121.091, Florida Statutes, is amended to read:
19 121.091 Benefits payable under the system.--Benefits
20 may not be paid under this section unless the member has
21 terminated employment as provided in s. 121.021(39)(a) or
22 begun participation in the Deferred Retirement Option Program
23 as provided in subsection (13), and a proper application has
24 been filed in the manner prescribed by the department. The
25 department may cancel an application for retirement benefits
26 when the member or beneficiary fails to timely provide the
27 information and documents required by this chapter and the
28 department's rules. The department shall adopt rules
29 establishing procedures for application for retirement
30 benefits and for the cancellation of such application when the
31 required information or documents are not received.
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HOUSE AMENDMENT
Bill No. HB 1947, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 (13) DEFERRED RETIREMENT OPTION PROGRAM.--In general,
2 and subject to the provisions of this section, the Deferred
3 Retirement Option Program, hereinafter referred to as the
4 DROP, is a program under which an eligible member of the
5 Florida Retirement System may elect to participate, deferring
6 receipt of retirement benefits while continuing employment
7 with his or her Florida Retirement System employer. The
8 deferred monthly benefits shall accrue in the System Trust
9 Fund on behalf of the participant, plus interest compounded
10 monthly, for the specified period of the DROP participation,
11 as provided in paragraph (c). Upon termination of employment,
12 the participant shall receive the total DROP benefits and
13 begin to receive the previously determined normal retirement
14 benefits. Participation in the DROP does not guarantee
15 employment for the specified period of DROP.
16 (b) Participation in the DROP.--
17 1. An eligible member may elect to participate in the
18 DROP for a period not to exceed a maximum of 60 calendar
19 months immediately following the date on which the member
20 first reaches his or her normal retirement date or the date to
21 which he or she is eligible to defer his or her election to
22 participate as provided in subparagraph (a)2. However, a
23 member who has reached normal retirement date prior to the
24 effective date of the DROP shall be eligible to participate in
25 the DROP for a period of time not to exceed 60 calendar months
26 immediately following the effective date of the DROP, except a
27 member of the Special Risk Class who has reached normal
28 retirement date prior to the effective date of the DROP and
29 whose total accrued value exceeds 75 percent of average final
30 compensation as of his or her effective date of retirement
31 shall be eligible to participate in the DROP for no more than
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HOUSE AMENDMENT
Bill No. HB 1947, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 36 calendar months immediately following the effective date of
2 the DROP.
3 2. Upon deciding to participate in the DROP, the
4 member shall submit, on forms required by the division:
5 a. A written election to participate in the DROP;
6 b. Selection of the DROP participation and termination
7 dates, which satisfy the limitations stated in paragraph (a)
8 and subparagraph 1. Such termination date shall be in a
9 binding letter of resignation with the employer, establishing
10 a deferred termination date. The member may change the
11 termination date within the limitations of subparagraph 1.,
12 but only with the written approval of his or her employer;
13 c. A properly completed DROP application for service
14 retirement as provided in this section; and
15 d. Any other information required by the division.
16 3. The DROP participant shall be a retiree under the
17 Florida Retirement System for all purposes, except for
18 paragraph (5)(f) and subsection (9) and ss. 112.3173, 112.363,
19 121.053, and 121.122. However, participation in the DROP does
20 not alter the participant's employment status and such
21 employee shall not be deemed retired from employment until his
22 or her deferred resignation is effective and termination
23 occurs as provided in s. 121.021(39).
24 4. Elected officers shall be eligible to participate
25 in the DROP subject to the following:
26 a. An elected officer who reaches normal retirement
27 date during a term of office may defer the election to
28 participate in the DROP until the next succeeding term in that
29 office. Such elected officer who exercises this option may
30 participate in the DROP for up to 60 calendar months or a
31 period of no longer than such succeeding term of office,
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HOUSE AMENDMENT
Bill No. HB 1947, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 whichever is less.
2 b. An elected or a nonelected participant may run for
3 a term of office while participating in DROP and, if elected,
4 extend the DROP termination date accordingly, except, however,
5 if such additional term of office exceeds the 60-month
6 limitation established in subparagraph 1., and the officer
7 does not resign from office within such 60-month limitation,
8 the retirement and the participant's DROP shall be null and
9 void as provided in sub-subparagraph (c)5.d.
10 c. An elected officer who is dually employed and
11 elects to participate in DROP shall be required to satisfy the
12 definition of termination within the 60-month limitation
13 period as provided in subparagraph 1. for the nonelected
14 position and may continue employment as an elected officer as
15 provided in s. 121.053. The elected officer will be enrolled
16 as a renewed member in the Elected Officers' Class or the
17 Regular Class, as provided in ss. 121.053 and 121.22, on the
18 first day of the month after termination of employment in the
19 nonelected position and termination of DROP. Distribution of
20 the DROP benefits shall be made as provided in paragraph (c).
21 d. An elected officer who is elected or appointed to
22 an elective office is not subject to termination limitations
23 as provided in chapter 121.
24 Section 2. Section 112.18, Florida Statutes, is
25 amended to read:
26 112.18 Firefighters, correctional officers, and state,
27 county, or municipal law enforcement officers; special
28 provisions relative to disability.--
29 (1) Any condition or impairment of health of any
30 Florida state, municipal, county, port authority, special tax
31 district, or fire control district firefighter, correctional
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HOUSE AMENDMENT
Bill No. HB 1947, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 officer as defined in s. 943.10(2) and (3), or state, county,
2 or municipal law enforcement officer caused by tuberculosis,
3 heart disease, or hypertension resulting in total or partial
4 disability or death shall be presumed to have been accidental
5 and to have been suffered in the line of duty unless the
6 contrary be shown by competent evidence. However, any such
7 firefighter, correctional officer, or state, county, or
8 municipal law enforcement officer shall have successfully
9 passed a physical examination upon entering into any such
10 service as a firefighter, correctional officer, or state,
11 county, or municipal law enforcement officer, which
12 examination failed to reveal any evidence of any such
13 condition. Such presumption shall not apply to benefits
14 payable under or granted in a policy of life insurance or
15 disability insurance, unless the insurer and insured have
16 negotiated for such additional benefits to be included in the
17 policy contract.
18 (2) This section shall be construed to authorize the
19 above governmental entities to negotiate policy contracts for
20 life and disability insurance to include accidental death
21 benefits or double indemnity coverage which shall include the
22 presumption that any condition or impairment of health of any
23 firefighter caused by tuberculosis, heart disease, or
24 hypertension resulting in total or partial disability or death
25 was accidental and suffered in the line of duty, unless the
26 contrary be shown by competent evidence.
27 Section 3. The Legislature finds that a proper and
28 legitimate state purpose is served when county and municipal
29 law enforcement officers, correctional officers, and
30 correctional probation officers are included in the class that
31 benefits from the presumption that tuberculosis, heart
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HOUSE AMENDMENT
Bill No. HB 1947, 1st Eng.
Amendment No. ___ (for drafter's use only)
1 disease, or hypertension resulting in total or partial
2 disability or death is accidental and suffered in the line of
3 duty unless the contrary is shown by competent evidence.
4 Therefore, the Legislature determines and declares that this
5 act fulfills an important state interest.
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8 ================ T I T L E A M E N D M E N T ===============
9 And the title is amended as follows:
10 On page 1, line 3, after System;
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12 insert:
13 amending s. 121.091, F.S.; increasing the time
14 for participation in the Deferred Retirement
15 Option Program for members of the elected
16 officers class of the Florida Retirement
17 System; providing that elected officers are not
18 subject to termination limitations; amending s.
19 112.18, F.S.; including county and municipal
20 law enforcement officers, correctional
21 officers, and correctional probation officers
22 within special provisions creating a
23 presumption relating to causes of certain
24 disabilities; providing a declaration of
25 important state interest;
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