CODING: Words stricken are deletions; words underlined are additions.



                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 925

    Amendment No. ___ (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  Representative(s) Attkisson offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

17         Section 1.  Short title.--This act may be cited as the

18  "Officer Malcolm Thompson Act."

19         Section 2.  It is declared by the Legislature that

20  firefighters, paramedics, emergency medical technicians, and

21  police officers, as defined in this act, perform state and

22  municipal functions; that it is their duty to protect life and

23  property at their own risk and peril; that it is their duty to

24  continuously instruct school personnel, public officials, and

25  private citizens about safety; and that their activities are

26  vital to the public safety.  Therefore, the Legislature

27  declares that it is a proper and legitimate state purpose to

28  provide a uniform retirement system for the benefit of

29  firefighters, paramedics, emergency medical technicians, and

30  police officers as defined in this act and intends, in

31  implementing the provisions of Section 14, Article X of the

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 925

    Amendment No. ___ (for drafter's use only)





  1  State Constitution as they relate to municipal and special

  2  district pension trust fund systems and plans, that such

  3  retirement systems or plans be managed, administered,

  4  operated, and funded in such manner as to maximize the

  5  protection of pension trust funds.  Pursuant to Section 18,

  6  Article VII of the State Constitution, the Legislature hereby

  7  determines and declares that the provisions of this act

  8  fulfill an important state interest.

  9         Section 3.  Paragraph (b) of subsection (4) and

10  paragraph (b) of subsection (9) of section 121.091, Florida

11  Statutes, are amended to read:

12         121.091  Benefits payable under the system.--Benefits

13  may not be paid under this section unless the member has

14  terminated employment as provided in s. 121.021(39)(a) or

15  begun participation in the Deferred Retirement Option Program

16  as provided in subsection (13), and a proper application has

17  been filed in the manner prescribed by the department. The

18  department may cancel an application for retirement benefits

19  when the member or beneficiary fails to timely provide the

20  information and documents required by this chapter and the

21  department's rules. The department shall adopt rules

22  establishing procedures for application for retirement

23  benefits and for the cancellation of such application when the

24  required information or documents are not received.

25         (4)  DISABILITY RETIREMENT BENEFIT.--

26         (b)  Total and permanent disability.--A member shall be

27  considered totally and permanently disabled if, in the opinion

28  of the administrator, he or she is prevented, by reason of a

29  medically determinable physical or mental impairment, from

30  rendering useful and efficient service as an officer or

31  employee. A Special Risk Class member who is an officer as

                                  2

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 925

    Amendment No. ___ (for drafter's use only)





  1  defined in s. 943.10(1), (2), or (3); a firefighter as defined

  2  in s. 633.30(1); an emergency medical technician as defined in

  3  s. 401.23(11); or a paramedic as defined in s. 401.23(17) who

  4  is catastrophically injured as defined in s. 440.02(37) in the

  5  line of duty as a result of a felonious act of another shall

  6  be considered totally and permanently disabled and unable to

  7  render useful and efficient service as an officer, unless the

  8  administrator can provide documented competent medical

  9  evidence that the officer is able to render useful and

10  efficient service as an officer.

11         (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--

12         (b)1.  Any person who is retired under this chapter,

13  except under the disability retirement provisions of

14  subsection (4), may be reemployed by any private or public

15  employer after retirement and receive retirement benefits and

16  compensation from his or her employer without any limitations,

17  except that a person may not receive both a salary from

18  reemployment with any agency participating in the Florida

19  Retirement System and retirement benefits under this chapter

20  for a period of 12 months immediately subsequent to the date

21  of retirement. However, a DROP participant shall continue

22  employment and receive a salary during the period of

23  participation in the Deferred Retirement Option Program, as

24  provided in subsection (13).

25         2.  Any person to whom the limitation in subparagraph

26  1. applies who violates such reemployment limitation and who

27  is reemployed with any agency participating in the Florida

28  Retirement System before completion of the 12-month limitation

29  period shall give timely notice of this fact in writing to the

30  employer and to the division and shall have his or her

31  retirement benefits suspended for the balance of the 12-month

                                  3

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 925

    Amendment No. ___ (for drafter's use only)





  1  limitation period.  Any person employed in violation of this

  2  paragraph and any employing agency which knowingly employs or

  3  appoints such person without notifying the Division of

  4  Retirement to suspend retirement benefits shall be jointly and

  5  severally liable for reimbursement to the retirement trust

  6  fund of any benefits paid during the reemployment limitation

  7  period.  To avoid liability, such employing agency shall have

  8  a written statement from the retiree that he or she is not

  9  retired from a state-administered retirement system.  Any

10  retirement benefits received while reemployed during this

11  reemployment limitation period shall be repaid to the

12  retirement trust fund, and retirement benefits shall remain

13  suspended until such repayment has been made.  Benefits

14  suspended beyond the reemployment limitation shall apply

15  toward repayment of benefits received in violation of the

16  reemployment limitation.

17         3.  A district school board may reemploy a retired

18  member as a substitute or hourly teacher, education

19  paraprofessional, transportation assistant, bus driver, or

20  food service worker on a noncontractual basis after he or she

21  has been retired for 1 calendar month, in accordance with s.

22  121.021(39).  Any retired member who is reemployed within 1

23  calendar month after retirement shall void his or her

24  application for retirement benefits. District school boards

25  reemploying such teachers, education paraprofessionals,

26  transportation assistants, bus drivers, or food service

27  workers are subject to the retirement contribution required by

28  subparagraph 8. 7. Reemployment of a retired member as a

29  substitute or hourly teacher, education paraprofessional,

30  transportation assistant, bus driver, or food service worker

31  is limited to 780 hours during the first 12 months of his or

                                  4

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 925

    Amendment No. ___ (for drafter's use only)





  1  her retirement.  Any retired member reemployed for more than

  2  780 hours during his or her first 12 months of retirement

  3  shall give timely notice in writing to the employer and to the

  4  division of the date he or she will exceed the limitation.

  5  The division shall suspend his or her retirement benefits for

  6  the remainder of the first 12 months of retirement.  Any

  7  person employed in violation of this subparagraph and any

  8  employing agency which knowingly employs or appoints such

  9  person without notifying the Division of Retirement to suspend

10  retirement benefits shall be jointly and severally liable for

11  reimbursement to the retirement trust fund of any benefits

12  paid during the reemployment limitation period.  To avoid

13  liability, such employing agency shall have a written

14  statement from the retiree that he or she is not retired from

15  a state-administered retirement system.  Any retirement

16  benefits received by a retired member while reemployed in

17  excess of 780 hours during the first 12 months of retirement

18  shall be repaid to the Retirement System Trust Fund, and his

19  or her retirement benefits shall remain suspended until

20  repayment is made.  Benefits suspended beyond the end of the

21  retired member's first 12 months of retirement shall apply

22  toward repayment of benefits received in violation of the

23  780-hour reemployment limitation.

24         4.  A community college board of trustees may reemploy

25  a retired member as an adjunct instructor, that is, an

26  instructor who is noncontractual and part-time, or as a

27  participant in a phased retirement program within the Florida

28  Community College System, after he or she has been retired for

29  1 calendar month, in accordance with s. 121.021(39).  Any

30  retired member who is reemployed within 1 calendar month after

31  retirement shall void his or her application for retirement

                                  5

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 925

    Amendment No. ___ (for drafter's use only)





  1  benefits.  Boards of trustees reemploying such instructors are

  2  subject to the retirement contribution required in

  3  subparagraph 8. 7. A retired member may be reemployed as an

  4  adjunct instructor for no more than 780 hours during the first

  5  12 months of retirement.  Any retired member reemployed for

  6  more than 780 hours during the first 12 months of retirement

  7  shall give timely notice in writing to the employer and to the

  8  division of the date he or she will exceed the limitation.

  9  The division shall suspend his or her retirement benefits for

10  the remainder of the first 12 months of retirement.  Any

11  person employed in violation of this subparagraph and any

12  employing agency which knowingly employs or appoints such

13  person without notifying the Division of Retirement to suspend

14  retirement benefits shall be jointly and severally liable for

15  reimbursement to the retirement trust fund of any benefits

16  paid during the reemployment limitation period.  To avoid

17  liability, such employing agency shall have a written

18  statement from the retiree that he or she is not retired from

19  a state-administered retirement system.  Any retirement

20  benefits received by a retired member while reemployed in

21  excess of 780 hours during the first 12 months of retirement

22  shall be repaid to the Retirement System Trust Fund, and

23  retirement benefits shall remain suspended until repayment is

24  made.  Benefits suspended beyond the end of the retired

25  member's first 12 months of retirement shall apply toward

26  repayment of benefits received in violation of the 780-hour

27  reemployment limitation.

28         5.  The State University System may reemploy a retired

29  member as an adjunct faculty member or as a participant in a

30  phased retirement program within the State University System

31  after the retired member has been retired for 1 calendar

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 925

    Amendment No. ___ (for drafter's use only)





  1  month, in accordance with s. 121.021(39).  Any retired member

  2  who is reemployed within 1 calendar month after retirement

  3  shall void his or her application for retirement benefits.

  4  The State University System is subject to the retired

  5  contribution required in subparagraph 8. 7., as appropriate. A

  6  retired member may be reemployed as an adjunct faculty member

  7  or a participant in a phased retirement program for no more

  8  than 780 hours during the first 12 months of his or her

  9  retirement.  Any retired member reemployed for more than 780

10  hours during the first 12 months of retirement shall give

11  timely notice in writing to the employer and to the division

12  of the date he or she will exceed the limitation.  The

13  division shall suspend his or her retirement benefits for the

14  remainder of the first 12 months of retirement.  Any person

15  employed in violation of this subparagraph and any employing

16  agency which knowingly employs or appoints such person without

17  notifying the Division of Retirement to suspend retirement

18  benefits shall be jointly and severally liable for

19  reimbursement to the retirement trust fund of any benefits

20  paid during the reemployment limitation period.  To avoid

21  liability, such employing agency shall have a written

22  statement from the retiree that he or she is not retired from

23  a state-administered retirement system.  Any retirement

24  benefits received by a retired member while reemployed in

25  excess of 780 hours during the first 12 months of retirement

26  shall be repaid to the Retirement System Trust Fund, and

27  retirement benefits shall remain suspended until repayment is

28  made.  Benefits suspended beyond the end of the retired

29  member's first 12 months of retirement shall apply toward

30  repayment of benefits received in violation of the 780-hour

31  reemployment limitation.

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 925

    Amendment No. ___ (for drafter's use only)





  1         6.  The Board of Trustees of the Florida School for the

  2  Deaf and the Blind may reemploy a retired member as a

  3  substitute teacher, substitute residential instructor, or

  4  substitute nurse on a noncontractual basis after he or she has

  5  been retired for 1 calendar month, in accordance with s.

  6  121.021(39).  Any retired member who is reemployed within 1

  7  calendar month after retirement shall void his or her

  8  application for retirement benefits. The Board of Trustees of

  9  the Florida School for the Deaf and the Blind reemploying such

10  teachers, residential instructors, or nurses is subject to the

11  retirement contribution required by subparagraph 8. 7.

12  Reemployment of a retired member as a substitute teacher,

13  substitute residential instructor, or substitute nurse is

14  limited to 780 hours during the first 12 months of his or her

15  retirement.  Any retired member reemployed for more than 780

16  hours during the first 12 months of retirement shall give

17  timely notice in writing to the employer and to the division

18  of the date he or she will exceed the limitation. The division

19  shall suspend his or her retirement benefits for the remainder

20  of the first 12 months of retirement.  Any person employed in

21  violation of this subparagraph and any employing agency which

22  knowingly employs or appoints such person without notifying

23  the Division of Retirement to suspend retirement benefits

24  shall be jointly and severally liable for reimbursement to the

25  retirement trust fund of any benefits paid during the

26  reemployment limitation period.  To avoid liability, such

27  employing agency shall have a written statement from the

28  retiree that he or she is not retired from a

29  state-administered retirement system.  Any retirement benefits

30  received by a retired member while reemployed in excess of 780

31  hours during the first 12 months of retirement shall be repaid

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 925

    Amendment No. ___ (for drafter's use only)





  1  to the Retirement System Trust Fund, and his or her retirement

  2  benefits shall remain suspended until payment is made.

  3  Benefits suspended beyond the end of the retired member's

  4  first 12 months of retirement shall apply toward repayment of

  5  benefits received in violation of the 780-hour reemployment

  6  limitation.

  7         7.  A sheriff may reemploy a retired member as a deputy

  8  sheriff after the retired member has been retired for 1

  9  calendar month, in accordance with s. 121.021(39). Any retired

10  member who is reemployed within 1 calendar month after

11  retirement shall void his or her application for retirement

12  benefits. Sheriffs reemploying such deputy sheriffs are

13  subject to the retirement contribution required in

14  subparagraph 8. Reemployment of a retired deputy sheriff is

15  limited to no more than 780 hours during the first 12 months

16  of his or her retirement. Any retired member reemployed for

17  more than 780 hours during the first 12 months of retirement

18  shall give timely notice in writing to the employer and to the

19  division of the date he or she will exceed the limitation. The

20  division shall suspend his or her retirement benefits for the

21  remainder of the first 12 months of retirement. Any person

22  employed in violation of this subparagraph and any employing

23  agency that knowingly employs or appoints such person without

24  notifying the Division of Retirement to suspend retirement

25  benefits shall be jointly and severally liable for

26  reimbursement to the retirement trust fund of any benefits

27  paid during the reemployment limitation period. To avoid

28  liability, such employing agency must have a written statement

29  from the retiree that he or she is not retired from a

30  state-administered retirement system. Any retirement benefits

31  received by a retired member while reemployed in excess of 780

                                  9

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 925

    Amendment No. ___ (for drafter's use only)





  1  hours during the first 12 months of retirement shall be repaid

  2  to the Retirement System Trust Fund, and retirement benefits

  3  shall remain suspended until repayment is made. Benefits

  4  suspended beyond the end of the retired member's first 12

  5  months of retirement shall apply toward repayment of benefits

  6  received in violation of the 780-hour reemployment limitation.

  7         8.7.  The employment by an employer of any retiree or

  8  DROP participant of any state-administered retirement system

  9  shall have no effect on the average final compensation or

10  years of creditable service of the retiree or DROP

11  participant.  Prior to July 1, 1991, upon employment of any

12  person, other than an elected officer as provided in s.

13  121.053, who has been retired under any state-administered

14  retirement program, the employer shall pay retirement

15  contributions in an amount equal to the unfunded actuarial

16  liability portion of the employer contribution which would be

17  required for regular members of the Florida Retirement System.

18  Effective July 1, 1991, contributions shall be made as

19  provided in s. 121.122 for retirees with renewed membership or

20  subsection (13) with respect to DROP participants.

21         9.8.  Any person who has previously retired and who is

22  holding an elective public office or an appointment to an

23  elective public office eligible for the Elected Officers'

24  Class on or after July 1, 1990, shall be enrolled in the

25  Florida Retirement System as provided in s. 121.053(1)(b) or,

26  if holding an elective public office that does not qualify for

27  the Elected Officers' Class on or after July 1, 1991, shall be

28  enrolled in the Florida Retirement System as provided in s.

29  121.122, and shall continue to receive retirement benefits as

30  well as compensation for the elected officer's service for as

31  long as he or she remains in elective office. However, any

                                  10

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 925

    Amendment No. ___ (for drafter's use only)





  1  retired member who served in an elective office prior to July

  2  1, 1990, suspended his or her retirement benefit, and had his

  3  or her Florida Retirement System membership reinstated shall,

  4  upon retirement from such office, have his or her retirement

  5  benefit recalculated to include the additional service and

  6  compensation earned.

  7         10.9.  Any person who is holding an elective public

  8  office which is covered by the Florida Retirement System and

  9  who is concurrently employed in nonelected covered employment

10  may elect to retire while continuing employment in the

11  elective public office, provided that he or she shall be

12  required to terminate his or her nonelected covered

13  employment.  Any person who exercises this election shall

14  receive his or her retirement benefits in addition to the

15  compensation of the elective office without regard to the time

16  limitations otherwise provided in this subsection.  No person

17  who seeks to exercise the provisions of this subparagraph, as

18  the same existed prior to May 3, 1984, shall be deemed to be

19  retired under those provisions, unless such person is eligible

20  to retire under the provisions of this subparagraph, as

21  amended by chapter 84-11, Laws of Florida.

22         11.10.  The limitations of this paragraph apply to

23  reemployment in any capacity with an "employer" as defined in

24  s. 121.021(10), irrespective of the category of funds from

25  which the person is compensated.

26         12.  An employing agency may reemploy a retired member

27  as a firefighter or paramedic after the retired member has

28  been retired for 1 calendar month, in accordance with s.

29  121.021(39). Any retired member who is reemployed within 1

30  calendar month after retirement shall void his or her

31  application for retirement benefits. Employing agencies

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 925

    Amendment No. ___ (for drafter's use only)





  1  reemploying such firefighters or paramedics are subject to the

  2  retirement contribution required in subparagraph 8.

  3  Reemployment of a retired firefighter or paramedic is limited

  4  to no more than 780 hours during the first 12 months of his or

  5  her retirement. Any retired member reemployed for more than

  6  780 hours during the first 12 months of retirement shall give

  7  timely notice in writing to the employer and to the division

  8  of the date he or she will exceed the limitation. The division

  9  shall suspend his or her retirement benefits for the remainder

10  of the first 12 months of retirement. A person employed in

11  violation of this subparagraph and an employing agency that

12  knowingly employs or appoints such person without notifying

13  the Division of Retirement to suspend retirement benefits

14  shall be jointly and severally liable for reimbursement to the

15  retirement trust fund of any benefits paid during the

16  reemployment limitation period. To avoid liability, such

17  employing agency must have a written statement from the

18  retiree that he or she is not retired from a

19  state-administered retirement system. Any retirement benefits

20  received by a retired member while reemployed in excess of 780

21  hours during the first 12 months of retirement shall be repaid

22  to the Retirement System Trust Fund, and retirement benefits

23  shall remain suspended until repayment is made. Benefits

24  suspended beyond the end of the retired member's first 12

25  months of retirement shall apply toward repayment of benefits

26  received in violation of the 780-hour reemployment limitation.

27         Section 4.  Subsection (5) of section 175.191, Florida

28  Statutes, is amended to read:

29         175.191  Disability retirement.--For any municipality,

30  special fire control district, chapter plan, local law

31  municipality, local law special fire control district, or

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 925

    Amendment No. ___ (for drafter's use only)





  1  local law plan under this chapter:

  2         (5)  The benefit payable to a firefighter who retires

  3  from the service of a municipality or special fire control

  4  district due to total and permanent disability as a direct

  5  result of a disability is the monthly income payable for 10

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

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

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

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

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

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

12  firefighter's monthly benefit shall be the accrued normal

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

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

15  Notwithstanding any provision to the contrary, the monthly

16  retirement benefit payable to a firefighter, emergency medical

17  technician, or paramedic who retires from service due to total

18  and permanent disability as a result of a catastrophic injury

19  as defined in s. 440.02(37) suffered in the line of duty where

20  such injury is a result of a felonious act of another shall be

21  the accrued retirement benefit but shall not be less than 80

22  percent of his or her average monthly salary at the time of

23  disability.

24         Section 5.  Subsection (5) of section 185.18, Florida

25  Statutes, is amended to read:

26         185.18  Disability retirement.--For any municipality,

27  chapter plan, local law municipality, or local law plan under

28  this chapter:

29         (5)  The benefit payable to a police officer who

30  retires from the service of the city with a total and

31  permanent disability as a result of a disability is the

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 925

    Amendment No. ___ (for drafter's use only)





  1  monthly income payable for 10 years certain and life for

  2  which, if the police officer's disability occurred in the line

  3  of duty, his or her monthly benefit shall be the accrued

  4  retirement benefit, but shall not be less than 42 percent of

  5  his or her average monthly compensation as of the police

  6  officer's disability retirement date.  If after 10 years of

  7  service the disability is other than in the line of duty, the

  8  police officer's monthly benefit shall be the accrued normal

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

10  his or her average monthly compensation as of the police

11  officer's disability retirement date. Notwithstanding any

12  provision to the contrary, the monthly retirement benefit

13  payable to a police officer who retires from service due to

14  total and permanent disability as a result of a catastrophic

15  injury as defined in s. 440.02(37) suffered in the line of

16  duty where such injury is a result of a felonious act of

17  another shall be the accrued retirement benefit but shall not

18  be less than 80 percent of the officer's average monthly

19  compensation as of the officer's disability retirement date.

20         Section 6.  Effective July 1, 2002, in order to fund

21  the benefits provided in section 121.091, Florida Statutes, as

22  amended by this act:

23         (1)  The contribution rate that applies to the Special

24  Risk Class of the defined benefit program of the Florida

25  Retirement System shall be increased by 0.02 percentage

26  points; and

27         (2)  The contribution rate that applies to the Special

28  Risk Administrative Support Class of the defined benefit

29  program of the Florida Retirement System shall be increased by

30  0.14 percentage points.

31

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 925

    Amendment No. ___ (for drafter's use only)





  1  These increases shall be in addition to all other changes to

  2  such contribution rates which may be enacted into law to take

  3  effect on that date.  The Division of Statutory Revision is

  4  directed to adjust accordingly the contribution rates set

  5  forth in section 121.071, Florida Statutes.

  6         Section 7.  Except as otherwise provided in this act,

  7  this act shall take effect upon becoming a law.

  8

  9

10  ================ T I T L E   A M E N D M E N T ===============

11  And the title is amended as follows:

12  remove:  the entire title

13

14  and insert:

15                      A bill to be entitled

16         An act relating to retirement; creating the

17         "Officer Malcolm Thompson Act"; providing

18         legislative intent; amending s. 121.091, F.S.;

19         revising provisions relating to benefits

20         payable for total and permanent disability for

21         certain Special Risk Class members of the

22         Florida Retirement System who are injured in

23         the line of duty; providing for reemployment of

24         retired deputy sheriffs and firefighters or

25         paramedics; amending ss. 175.191, 185.18, F.S.;

26         providing minimum retirement benefits payable

27         to certain Special Risk Class members who are

28         injured in the line of duty and who are totally

29         and permanently disabled due to such injury;

30         providing for contribution rate increases to

31         fund benefits provided in s. 121.091, F.S., as

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                                                   HOUSE AMENDMENT

                                                Bill No. CS/HB 925

    Amendment No. ___ (for drafter's use only)





  1         amended; directing the Division of Statutory

  2         Revision to adjust contribution rates set forth

  3         in s. 121.071, F.S.; providing an effective

  4         date.

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    File original & 9 copies    03/13/02
    hbd0001                     02:27 pm         00925-0079-573335