HOUSE AMENDMENT
    565-192AXA-06                               Bill No. CS/HB 347
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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 4  ______________________________________________________________
 5                                           ORIGINAL STAMP BELOW
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10  ______________________________________________________________
11  Representative(s) Fasano offered the following:
12  
13         Amendment to Amendment (143317) (with title amendment) 
14         On page 8, between lines 28 & 29,
15  
16  insert:  
17         Section 3.  Paragraphs (b) through (j) of subsection
18  (2) of section 121.4501, Florida Statutes, are redesignated as
19  paragraphs (d) through (l), respectively, new paragraphs (b)
20  and (c) are added to said subsection, and subsections (7) and
21  (16) of said section are amended, to read:
22         121.4501  Public Employee Optional Retirement
23  Program.--
24         (2)  DEFINITIONS.--As used in this section, the term:
25         (b)  "Average monthly compensation" means one-twelfth
26  of average final compensation as defined in s. 121.021(24).
27         (c)  "Covered employment" means employment in a
28  regularly established position as defined in s. 121.021(52).
29         (7)  BENEFITS.--Under the Public Employee Optional
30  Retirement Program:
31         (a)  Benefits shall be provided in accordance with s.
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                                                   HOUSE AMENDMENT
    565-192AXA-06                               Bill No. CS/HB 347
    Amendment No. ___ (for drafter's use only)
 1  401(a) of the Internal Revenue Code.
 2         (b)  Benefits shall accrue in individual accounts that
 3  are participant-directed, portable, and funded by employer
 4  contributions and earnings thereon.
 5         (c)  Benefits shall be payable in accordance with s.
 6  121.591. the following terms and conditions:
 7         1.  To the extent vested, benefits shall be payable
 8  only to a participant, or to his or her beneficiaries as
 9  designated by the participant.
10         2.  Benefits shall be paid by the third-party
11  administrator or designated approved providers in accordance
12  with the law, the contracts, and any applicable board rule or
13  policy.
14         3.  To begin receiving the benefits, the participant
15  must be terminated from all employment with all Florida
16  Retirement System employers, as provided in s. 121.021(39), or
17  the participant must be deceased. If a participant elects to
18  receive his or her benefits upon termination of employment,
19  the participant must submit a written application to the
20  third-party administrator indicating his or her preferred
21  distribution date and selecting an authorized method of
22  distribution as provided in paragraph (d). The participant may
23  defer receipt of benefits until he or she chooses to make such
24  application, subject to federal requirements.
25         4.  In the event of a participant's death, moneys
26  accumulated by, or on behalf of, the participant, less
27  withholding taxes remitted to the Internal Revenue Service,
28  shall be distributed to the participant's designated
29  beneficiary or beneficiaries, or to the participant's estate,
30  as if the participant retired on the date of death, as
31  provided in paragraph (e). No other death benefits shall be
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                                                   HOUSE AMENDMENT
    565-192AXA-06                               Bill No. CS/HB 347
    Amendment No. ___ (for drafter's use only)
 1  available for survivors of participants under the Public
 2  Employee Optional Retirement Program, except for such
 3  benefits, or coverage for such benefits, as are separately
 4  afforded by the employer, at the employer's discretion.
 5         (d)  Upon receipt by the third-party administrator of a
 6  properly executed application for distribution of benefits,
 7  the total accumulated benefit shall be payable to the
 8  participant, as:
 9         1.  A lump-sum distribution to the participant;
10         2.  A lump-sum direct rollover distribution whereby all
11  accrued benefits, plus interest and investment earnings, are
12  paid from the participant's account directly to the custodian
13  of an eligible retirement plan, as defined in s. 402(c)(8)(B)
14  of the Internal Revenue Code, on behalf of the participant; or
15         3.  Periodic distributions, as authorized by the state
16  board.
17         (e)  Survivor benefits shall be payable as:
18         1.  A lump-sum distribution payable to the
19  beneficiaries, or to the deceased participant's estate;
20         2.  An eligible rollover distribution on behalf of the
21  surviving spouse of a deceased participant, whereby all
22  accrued benefits, plus interest and investment earnings, are
23  paid from the deceased participant's account directly to the
24  custodian of an individual retirement account or an individual
25  retirement annuity, as described in s. 402(c)(9) of the
26  Internal Revenue Code, on behalf of the surviving spouse; or
27         3.  A partial lump-sum payment whereby a portion of the
28  accrued benefit is paid to the deceased participant's
29  surviving spouse or other designated beneficiaries, less
30  withholding taxes remitted to the Internal Revenue Service,
31  and the remaining amount is transferred directly to the
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                                                   HOUSE AMENDMENT
    565-192AXA-06                               Bill No. CS/HB 347
    Amendment No. ___ (for drafter's use only)
 1  custodian of an individual retirement account or an individual
 2  retirement annuity, as described in s. 402(c)(9) of the
 3  Internal Revenue Code, on behalf of the surviving spouse. The
 4  proportions must be specified by the participant or the
 5  surviving beneficiary.
 6  
 7  This paragraph does not abrogate other applicable provisions
 8  of state or federal law providing for payment of death
 9  benefits.
10         (f)  The benefits payable to any person under the
11  Public Employee Optional Retirement Program, and any
12  contributions accumulated under such program, are not subject
13  to assignment, execution, attachment, or any legal process,
14  except for qualified domestic relations orders by a court of
15  competent jurisdiction, income deduction orders as provided in
16  s. 61.1301, and federal income tax levies.
17         (16)  DISABILITY BENEFITS.--For any participant of the
18  optional retirement program who becomes totally and
19  permanently disabled, benefits shall be paid in accordance
20  with s. 121.591 as defined in s. 121.091(4)(b), the
21  participant shall be entitled to receive those moneys that
22  have accrued in his or her participant account.  It is the
23  intent of the Legislature to design a disability benefit for
24  participants of the optional program similar to those
25  disability benefits afforded defined benefit program members.
26  The department is directed to study the potential options of
27  such coverage, including self-insurance and commercial
28  coverage, the alternative methods of administering such
29  benefits, and the fiscal impacts on the employees and
30  employers, and to make recommendations to the Legislature by
31  January 15, 2001.
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                                                   HOUSE AMENDMENT
    565-192AXA-06                               Bill No. CS/HB 347
    Amendment No. ___ (for drafter's use only)
 1         Section 4.  Subsection (3) of section 121.571, Florida
 2  Statutes, is amended to read:
 3         121.571  Contributions.--Contributions to the Public
 4  Employee Optional Retirement Program shall be made as follows:
 5         (3)  CONTRIBUTIONS TO DISABILITY ACCOUNT.--
 6         (a)  All contributions made on behalf of a participant
 7  pursuant to this subsection shall be transferred by the
 8  employer to the third-party administrator for deposit in the
 9  Public Employee Disability Trust Fund administered by the
10  Division of Retirement. Such contributions, less any fees or
11  charges authorized by the Legislature to offset the costs of
12  administering the disability component of the optional
13  retirement program, shall be used to provide disability
14  coverage for participants in the optional retirement program.
15         (b)  Disability contributions for Regular Class members
16  of the optional retirement plan are as follows:
17  
18  Dates of Contribution                      Employers
19  Rate Changes
20  Effective July 1, 2002:                    0.25% 0.39%
21  
22         (c)  Disability contributions for Special Risk Class
23  members of the optional retirement plan are as follows:
24  
25  Dates of Contribution                      Employers
26  Rate Changes
27  Effective July 1, 2002:                    1.33% 1.25%
28  
29         (d)  Disability contributions for Special Risk
30  Administrative Support Class members of the optional
31  retirement plan are as follows:
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                                                   HOUSE AMENDMENT
    565-192AXA-06                               Bill No. CS/HB 347
    Amendment No. ___ (for drafter's use only)
 1  
 2  Dates of Contribution                      Employers
 3  Rate Changes
 4  Effective July 1, 2002:                    0.45% 0.73%
 5  
 6         (e)  Disability contributions for Elected Officers'
 7  Class members of the optional retirement plan are as follows:
 8  
 9  Dates of Contribution                      Employers
10  Rate Changes
11  Effective July 1, 2002:
12    Legislators                              0.41% 0.61%
13    Governor, Lt. Governor,                  0.41% 0.61%
14      Cabinet Officers
15    State Attorneys, Public                  0.41% 0.61%
16      Defenders
17    Justices, Judges                         0.73% 1.45%
18    County Elected Officers                  0.41% 0.86%
19  
20         (f)  Disability contributions for Senior Management
21  Service Class members of the optional retirement plan are as
22  follows:
23  
24  Dates of Contribution                      Employers
25  Rate Changes
26                                                
27  Effective July 1, 2002:                    0.26% 0.50%
28  
29         Section 5.  Section 121.591, Florida Statutes, is
30  created to read:
31         121.591  Benefits payable under the Public Employee
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                                                   HOUSE AMENDMENT
    565-192AXA-06                               Bill No. CS/HB 347
    Amendment No. ___ (for drafter's use only)
 1  Optional Retirement Program of the Florida Retirement
 2  System.--Benefits may not be paid under this section unless
 3  the member has terminated employment as provided in s.
 4  121.021(39)(a) or is deceased and a proper application has
 5  been filed in the manner prescribed by the state board or the
 6  department. The state board or the department, as appropriate,
 7  may cancel an application for retirement benefits when the
 8  member or beneficiary fails to timely provide the information
 9  and documents required by this chapter and the rules of the
10  state board and the department. In accordance with their
11  respective responsibilities as provided in this section, the
12  state board and the department shall adopt rules establishing
13  procedures for application for retirement benefits and for the
14  cancellation of such application when the required information
15  or documents are not received.
16         (1)  NORMAL BENEFIT.--Under the optional program:
17         (a)  Benefits, in the form of vested accumulations as
18  described in s. 121.4501(6), shall be payable under this
19  subsection as follows:
20         1.  To the extent vested, benefits shall be payable
21  only to a participant.
22         2.  Benefits shall be paid by the third-party
23  administrator or designated approved providers in accordance
24  with the law, the contracts, and any applicable board rule or
25  policy.
26         3.  To receive benefits under this subsection, the
27  participant must be terminated from all employment with all
28  Florida Retirement System employers, as provided in s.
29  121.021(39).
30         (b)  If a participant elects to receive his or her
31  benefits upon termination of employment, the participant must
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                                                   HOUSE AMENDMENT
    565-192AXA-06                               Bill No. CS/HB 347
    Amendment No. ___ (for drafter's use only)
 1  submit a written application to the third-party administrator
 2  indicating his or her preferred distribution date and
 3  selecting an authorized method of distribution as provided in
 4  paragraph (c). The participant may defer receipt of benefits
 5  until he or she chooses to make such application, subject to
 6  federal requirements.
 7         (c)  Upon receipt by the third-party administrator of a
 8  properly executed application for distribution of benefits,
 9  the total accumulated benefit shall be payable to the
10  participant as:
11         1.  A lump-sum distribution to the participant;
12         2.  A lump-sum direct rollover distribution whereby all
13  accrued benefits, plus interest and investment earnings, are
14  paid from the participant's account directly to the custodian
15  of an eligible retirement plan, as defined in s. 402(c)(8)(B)
16  of the Internal Revenue Code, as amended, on behalf of the
17  participant; or
18         3.  Periodic distributions, as authorized by the state
19  board.
20         (2)  DISABILITY RETIREMENT BENEFIT.--Benefits provided
21  under this subsection are payable in lieu of the benefits
22  which would otherwise be payable under the provisions of
23  subsection (1).
24         (a)1.  If the participant has no credit under the
25  defined benefit program of the Florida Retirement System or
26  such credit has been nullified as provided under s.
27  121.4501(3)(c), all moneys accumulated in the participant's
28  optional program account, including vested and nonvested
29  accumulations as described in s. 121.4501(6), shall be
30  transferred from such individual account to the Division of
31  Retirement for deposit into the Public Employee Disability
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                                                   HOUSE AMENDMENT
    565-192AXA-06                               Bill No. CS/HB 347
    Amendment No. ___ (for drafter's use only)
 1  Trust Fund; or
 2         2.  If the participant is a former member of the
 3  defined benefit program of the Florida Retirement System who
 4  elected to retain the retirement credit he or she had earned
 5  under that program as provided in s. 121.4501(3)(b), a sum
 6  representing the actuarial present value of such credit shall
 7  be transferred by the Division of Retirement from the Florida
 8  Retirement System Trust Fund to the Public Employee Disability
 9  Trust Fund. In addition, all moneys accumulated in the
10  participant's optional program account, including vested and
11  nonvested accumulations as described in s. 121.4501(6), shall
12  be transferred from such individual account to the Division of
13  Retirement for deposit into the Public Employee Disability
14  Trust Fund.
15         (b)1.  A participant of the optional program who
16  becomes totally and permanently disabled, as defined in
17  paragraph (d), after completing 8 years of creditable service,
18  or a participant who becomes totally and permanently disabled
19  in the line of duty regardless of his or her length of
20  service, shall be entitled to a monthly disability benefit as
21  provided in this subsection.
22         2.  For purposes of this subsection, the 8 years of
23  creditable service required to vest for regular disability
24  benefits must be creditable service under the defined benefit
25  program of the Florida Retirement System or service under the
26  optional program, subject to the following conditions:
27         a.  In the case of present value transfers to a
28  participant's account under s. 121.4501(3)(c), the period of
29  service under the defined benefit program represented in the
30  present value amounts transferred shall only be considered
31  creditable service for purposes of vesting for disability
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                                                   HOUSE AMENDMENT
    565-192AXA-06                               Bill No. CS/HB 347
    Amendment No. ___ (for drafter's use only)
 1  benefits as long as such funds remain in the participant's
 2  accounts under the optional program.
 3         b.  In the case of contributions made to a
 4  participant's accounts under s. 121.4501(5), the period of
 5  service under the optional program shall only be considered
 6  creditable service for purposes of vesting for disability
 7  benefits as long as such funds remain in the participant's
 8  accounts under the optional program.
 9  
10  If a participant terminates employment and takes distribution
11  of such funds as provided in subsection (1), all credit for
12  the service represented by such distributed funds is forfeited
13  for purposes of qualifying for disability benefits under this
14  subsection.
15         (c)1.  If the division has received from the employer
16  the required documentation of the participant's termination of
17  employment, the effective retirement date for a participant
18  who applies and is approved for disability retirement shall be
19  established by rule of the division.
20         2.  For a participant who is receiving workers'
21  compensation payments, the effective disability retirement
22  date may not precede the date the participant reaches maximum
23  medical improvement, unless the participant terminates
24  employment prior to reaching maximum medical improvement.
25         (d)  A participant shall be considered totally and
26  permanently disabled if, in the opinion of the division, he or
27  she is prevented by reason of a medically determinable
28  physical or mental impairment from rendering useful and
29  efficient service as an officer or employee.
30         (e)  The division, before approving payment of any
31  disability retirement benefit, shall require proof that the
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                                                   HOUSE AMENDMENT
    565-192AXA-06                               Bill No. CS/HB 347
    Amendment No. ___ (for drafter's use only)
 1  participant is totally and permanently disabled as follows:
 2         1.  Such proof shall include the certification of the
 3  participant's total and permanent disability by two licensed
 4  physicians in this state and such other evidence of disability
 5  as the division may require, including reports from vocational
 6  rehabilitation, evaluation, or testing specialists who have
 7  evaluated the applicant for employment.
 8         2.  It shall be documented that:
 9         a.  The participant's medical condition occurred or
10  became symptomatic during the time the participant was
11  employed in an employee/employer relationship with his or her
12  employer.
13         b.  The participant was totally and permanently
14  disabled at the time he or she terminated covered employment.
15         c.  The participant has not been employed with any
16  other employer after such termination.
17         3.  If the application is for in-line-of-duty
18  disability, in addition to the requirements of subparagraph
19  2., it must be documented by competent medical evidence that
20  the disability was caused by a job-related illness or accident
21  which occurred while the participant was in an
22  employee/employer relationship with his or her employer.
23         4.  The unavailability of an employment position that
24  the participant is physically and mentally capable of
25  performing shall not be considered as proof of total and
26  permanent disability.
27         (f)  A participant whose application for regular
28  disability retirement has been denied and who has filed an
29  appeal to the State Retirement Commission under s. 121.23 may,
30  if eligible, elect to terminate employment and take
31  distribution of benefits as provided under subsection (1)
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    565-192AXA-06                               Bill No. CS/HB 347
    Amendment No. ___ (for drafter's use only)
 1  while he or she is awaiting the decision on the appeal. In
 2  that event:
 3         1.  If disability benefits are later approved as a
 4  result of the appeal, to receive the disability benefit
 5  payable under this subsection, the participant shall first
 6  repay to the division for deposit in the Public Employee
 7  Disability Trust Fund the total amount withdrawn under
 8  subsection (1), less the amount that would have otherwise been
 9  payable as a monthly disability benefit while the appeal was
10  pending if the application had been initially approved.
11         2.  If the appeal is later denied, no further benefits
12  are payable to the terminated participant.
13         (g)  Upon the disability retirement of a participant
14  under this subsection, the participant shall receive a monthly
15  benefit that shall begin to accrue on the first day of the
16  month of disability retirement, as approved by the division,
17  and shall be payable on the last day of that month and each
18  month thereafter during his or her lifetime and continued
19  disability.
20         (h)  The amount of each monthly payment shall be
21  computed in the same manner as that computed for a normal
22  retirement benefit but shall be based on disability option
23  actuarial equivalency tables and the average monthly
24  compensation and creditable service of the participant as of
25  his or her disability retirement date, subject to the
26  following:
27         1.  If the participant's disability occurred in the
28  line of duty, the monthly Option 1 benefit shall be a minimum
29  of:
30         a.  Forty-two percent of the participant's average
31  monthly compensation as of the disability retirement date; or
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    565-192AXA-06                               Bill No. CS/HB 347
    Amendment No. ___ (for drafter's use only)
 1         b.  Sixty-five percent of the participant's average
 2  monthly compensation as of the disability retirement date for
 3  a participant of the special risk class who retires on or
 4  after July 1, 2002.
 5         2.  If the participant's disability occurred other than
 6  in the line of duty, the monthly Option 1 benefit shall be a
 7  minimum of 25 percent of the participant's average monthly
 8  compensation as of the disability retirement date.
 9         (i)  A participant whose initial application for
10  disability retirement has been denied may reapply for
11  disability benefits. However, such participant's reapplication
12  may be considered only if the participant presents new medical
13  evidence of a medical condition that existed prior to the
14  participant's termination of employment. The division may
15  prescribe by rule procedures for reapplication and for review
16  and approval or disapproval of reapplication.
17         (j)  Nothing in this subsection shall be construed to
18  prevent a participant who has been approved for a disability
19  retirement benefit payable under this subsection from electing
20  to receive, in lieu of the benefit payable under this
21  subsection, the benefit payable to him or her under the
22  provisions of subsection (1), provided such election is made
23  prior to the deposit or cashing of a disability retirement
24  warrant or receipt of such warrant by electronic funds
25  transfer in accordance with the participant's authorization of
26  direct deposit of such funds.
27         (k)  The division may require periodic reexaminations
28  at the expense of the Public Employee Disability Trust Fund.
29  The division may adopt rules establishing procedures for
30  conducting and review of such reexaminations. If the division
31  finds that a participant who is receiving disability benefits
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    565-192AXA-06                               Bill No. CS/HB 347
    Amendment No. ___ (for drafter's use only)
 1  is no longer disabled, the division shall direct that the
 2  disability benefits be discontinued and no further benefits
 3  shall be payable under this subsection. The decision of the
 4  division on this question shall be final and binding. Upon
 5  termination of the monthly disability benefit:
 6         1.  If such participant does not reenter covered
 7  employment following recovery from disability and had not
 8  satisfied the vesting requirement as of the disability
 9  retirement date for any or all of the moneys which had
10  accumulated in his or her participant accounts, the remainder
11  of the nonvested accumulation as described under subparagraph
12  5., if any, shall be held in a suspense account in the Public
13  Employee Disability Trust Fund.
14         a.  If the participant returns to covered employment as
15  an eligible employee as defined in s. 121.4501(2) within 5
16  years after the date of recovery, the division shall transfer
17  any such moneys held in the suspense account, plus interest
18  calculated at an effective annual rate of 6 percent, to the
19  State Board of Administration for deposit in the participant's
20  individual account under the optional program, as directed by
21  the participant.
22         b.  If the participant fails to return to covered
23  employment within 5 years after recovery, any such moneys held
24  in the suspense account in the Public Employee Disability
25  Trust Fund shall be forfeited.
26         2.  If such participant does not reenter covered
27  employment following recovery from disability but had
28  satisfied vesting requirements as of the disability retirement
29  date for any or all of the moneys which had accumulated in his
30  or her accounts under the optional program, the amount
31  representing the remainder of his or her vested accumulation
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    565-192AXA-06                               Bill No. CS/HB 347
    Amendment No. ___ (for drafter's use only)
 1  as described under subparagraph 5., if any, shall be
 2  transferred from the Public Employee Disability Trust Fund to
 3  the Public Employee Optional Retirement Program Trust Fund and
 4  shall be payable as provided in subsection (1).
 5         3.  If such participant returns to covered employment
 6  following recovery from disability as a participant in the
 7  optional program, the amount representing the remainder of his
 8  or her nonvested accumulation or the remainder of his or her
 9  vested accumulation as described under subparagraph 5., if
10  any, shall be transferred from the Public Employee Disability
11  Trust Fund to the third-party administrator for deposit in the
12  participant's individual investment accounts as directed by
13  the participant. Vested accumulations shall be accounted for
14  separately from nonvested accumulations.
15         4.  If such participant reenters covered employment as
16  a member of the defined benefit program of the Florida
17  Retirement System, and is continuously employed for a minimum
18  of 1 year of creditable service, he or she may claim as
19  creditable service the months during which he or she was
20  receiving a disability benefit, upon payment of the required
21  contributions as provided in s. 121.091(4)(h)1.d.
22         5. As used in reference to funds deposited in the
23  Public Employee Disability Trust Fund under paragraph (a):
24         a.  The term "remainder of the nonvested accumulation"
25  means all employer contributions deposited on behalf of a
26  participant who had not met the vesting requirement set forth
27  in s. 121.4501(6)(a)1. as of his or her disability retirement
28  date and any transferred present value amount deposited on
29  behalf of a participant who had not met the vesting
30  requirement set forth in s. 121.4501(6)(b)1. as of his or her
31  disability retirement date, plus interest and earnings
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                                                   HOUSE AMENDMENT
    565-192AXA-06                               Bill No. CS/HB 347
    Amendment No. ___ (for drafter's use only)
 1  thereon, less the total amount of disability benefits received
 2  by that participant.
 3         b.  The term "remainder of the vested accumulation"
 4  means all employer contributions deposited on behalf of any
 5  participant who had met the vesting requirement set forth in
 6  s. 121.4501(6)(a)1. as of his or her disability retirement
 7  date and any transferred present value amount deposited on
 8  behalf of any participant who had met the vesting requirement
 9  set forth in s. 121.4501(6)(b)1. as of his or her disability
10  retirement date, plus interest and earnings thereon, less the
11  total amount of disability benefits received by that
12  participant.
13         (l)  Both the participant receiving disability benefits
14  who reenters employment and the employer employing such
15  disability retiree shall notify the division immediately upon
16  reemployment and the division shall terminate such
17  participant's disability benefits, effective upon the first
18  day of the month following the month in which notification of
19  recovery is received. If the participant is reemployed with a
20  Florida Retirement System employer at the time of benefit
21  termination and he or she has received disability retirement
22  benefit and salary payments concurrently prior to notifying
23  the division, he or she may elect within 30 days to:
24         1.  Retain the retirement benefits received prior to
25  termination of disability benefits and begin receiving
26  retirement service credit effective upon the date of
27  termination of benefits; or
28         2.  Repay, within 12 months after his or her decision
29  to receive service credit, the retirement benefits received
30  for each month of reemployment prior to termination of
31  disability benefits and begin receiving retirement service
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    Amendment No. ___ (for drafter's use only)
 1  credit effective upon the date of reemployment. Any such
 2  unpaid benefits shall have compound interest of 6.5 percent
 3  added each June 30.
 4  
 5  A participant may not receive both retirement service credit
 6  for employment and retirement benefits for the same month.
 7         (m)  If, after recovery from disability and reentry
 8  into covered employment, the participant again becomes
 9  disabled and is again approved for disability retirement, the
10  Option 1 monthly retirement benefit shall not be less than the
11  Option 1 monthly benefit calculated at the time of the
12  previous disability, plus any cost-of-living increases payable
13  up to the time the disability benefit was terminated upon his
14  or her reentry into covered employment.
15         (n)  A participant shall not be entitled to receive any
16  disability retirement benefit if the disability is a result
17  of:
18         1.  Injury or disease sustained by the participant
19  while willfully participating in a riot, civil insurrection,
20  or other act of violence or while committing a felony;
21         2.  Injury or disease sustained by the participant
22  after his or her employment has terminated; or
23         3.  Intentional, self-inflicted injury.
24         (o)1.  If a participant is a justice of the Supreme
25  Court, judge of a district court of appeal, circuit judge, or
26  judge of a county court who has served for 6 years or more as
27  an elected constitutional judicial officer, including service
28  as a judicial officer in any court abolished pursuant to Art.
29  V of the State Constitution, and who is retired for disability
30  by order of the Supreme Court upon recommendation of the
31  Judicial Qualifications Commission pursuant to the provisions
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                                                   HOUSE AMENDMENT
    565-192AXA-06                               Bill No. CS/HB 347
    Amendment No. ___ (for drafter's use only)
 1  of Art. V of the State Constitution, the participant's Option
 2  1 monthly disability benefit amount as provided in s.
 3  121.091(6)(a)1. shall be two-thirds of his or her monthly
 4  compensation as of the participant's disability retirement
 5  date. Such a participant may alternatively elect to receive an
 6  actuarially adjusted disability retirement benefit under any
 7  other option as provided in s. 121.091(6)(a), or to receive
 8  the normal benefit payable under the optional program as set
 9  forth under subsection (1).
10         2.  If any justice or judge who is a participant of the
11  optional program is retired for disability by order of the
12  Supreme Court upon recommendation of the Judicial
13  Qualifications Commission pursuant to the provisions of Art. V
14  of the State Constitution and elects to receive a monthly
15  disability benefit under the provisions of this paragraph:
16         a.  Any present value amount which was transferred to
17  his or her program account and all employer contributions made
18  to such account on his or her behalf, plus interest and
19  earnings thereon, shall be transferred to and deposited in the
20  Public Employee Disability Trust Fund.
21         b.  The monthly benefits payable under this paragraph
22  for any affected justice or judge retired from the Florida
23  Retirement System pursuant to Art. V of the State Constitution
24  shall be paid from the Public Employee Disability Trust Fund.
25         (3)  DEATH BENEFITS.--Under the optional program:
26         (a)  Survivor benefits shall be payable in accordance
27  with the following terms and conditions:
28         1.  To the extent vested, benefits shall be payable
29  only to a participant's beneficiary or beneficiaries as
30  designated by the participant.
31         2.  Benefits shall be paid by the third-party
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                                                   HOUSE AMENDMENT
    565-192AXA-06                               Bill No. CS/HB 347
    Amendment No. ___ (for drafter's use only)
 1  administrator or designated approved providers in accordance
 2  with the law, the contracts, and any applicable board rule or
 3  policy.
 4         3.  To receive benefits under this subsection, the
 5  participant must be deceased.
 6         (b)  In the event of a participant's death, all vested
 7  accumulations as described in s. 121.4501(6), less withholding
 8  taxes remitted to the Internal Revenue Service, shall be
 9  distributed, as provided in paragraph (c), to the
10  participant's designated beneficiary or beneficiaries, or to
11  the participant's estate, as if the participant retired on the
12  date of death. No other death benefits shall be available for
13  survivors of participants under the optional program, except
14  for such benefits, or coverage for such benefits, as are
15  otherwise provided by law or are separately afforded by the
16  employer, at the employer's discretion.
17         (c)  Upon receipt by the third-party administrator of a
18  properly executed application for distribution of benefits,
19  the total accumulated benefit shall be payable by the
20  third-party administrator to the participant's surviving
21  beneficiary or beneficiaries as:
22         1.  A lump-sum distribution payable to the beneficiary
23  or beneficiaries or to the deceased participant's estate;
24         2.  An eligible rollover distribution on behalf of the
25  surviving spouse of a deceased participant, whereby all
26  accrued benefits, plus interest and investment earnings, are
27  paid from the deceased participant's account directly to the
28  custodian of an individual retirement account or an individual
29  retirement annuity, as described in s. 402(c)(9) of the
30  Internal Revenue Code, on behalf of the surviving spouse; or
31         3.  A partial lump-sum payment whereby a portion of the
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                                                   HOUSE AMENDMENT
    565-192AXA-06                               Bill No. CS/HB 347
    Amendment No. ___ (for drafter's use only)
 1  accrued benefit is paid to the deceased participant's
 2  surviving spouse or other designated beneficiaries, less
 3  withholding taxes remitted to the Internal Revenue Service,
 4  and the remaining amount is transferred directly to the
 5  custodian of an individual retirement account or an individual
 6  retirement annuity, as described in s. 402(c)(9) of the
 7  Internal Revenue Code, on behalf of the surviving spouse. The
 8  proportions must be specified by the participant or the
 9  surviving beneficiary.
10  
11  This paragraph does not abrogate other applicable provisions
12  of state or federal law providing for payment of death
13  benefits.
14         (4)  LIMITATION ON LEGAL PROCESS.--The benefits payable
15  to any person under the optional program and any contributions
16  accumulated under such program are not subject to assignment,
17  execution, attachment, or any legal process, except for
18  qualified domestic relations orders by a court of competent
19  jurisdiction, income deduction orders as provided in s.
20  61.1301, and federal income tax levies.
21         Section 6.  The Legislature finds that a proper and
22  legitimate state purpose is served when employees and retirees
23  of the state and of its political subdivisions, and the
24  dependents, survivors, and beneficiaries of such employees and
25  retirees, are extended the basic protections afforded by
26  governmental retirement systems that provide fair and adequate
27  benefits that are managed, administered, and funded in an
28  actuarially sound manner, as required by section 14, Article X
29  of the State Constitution and part VII of chapter 112, Florida
30  Statutes. Therefore, the Legislature determines and declares
31  that this act fulfills an important state interest.
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                                                   HOUSE AMENDMENT
    565-192AXA-06                               Bill No. CS/HB 347
    Amendment No. ___ (for drafter's use only)
 1  ================ T I T L E   A M E N D M E N T ===============
 2  And the title is amended as follows:
 3         On page 9, line 17,
 4  
 5  after the semicolon insert:
 6         amending s. 121.4501, F.S.; providing
 7         additional definitions; providing for payment
 8         of benefits pursuant to s. 121.591, F.S.;
 9         amending s. 121.571, F.S.; revising employer
10         contribution rates to disability accounts;
11         creating s. 121.591, F.S.; providing for
12         payment of normal benefits, disability
13         retirement benefits, and death benefits under
14         the Public Employee Optional Retirement
15         Program; providing requirements, criteria,
16         procedures, and limitations; providing for
17         disability benefits for certain justices and
18         judges; limiting application of legal process
19         to such benefits; providing a declaration of
20         important state interest;
21  
22  
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24  
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26  
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