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



                                                   HOUSE AMENDMENT

                                                   Bill No. HB 925

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

  5                                           ORIGINAL STAMP BELOW

  6

  7

  8

  9

10  ______________________________________________________________

11  The Committee on Fiscal Policy & Resources offered the

12  following:

13

14         Amendment (with title amendment) 

15  Remove everything after the enacting clause

16

17  and insert:

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

19  "Officer Malcolm Thompson Act."

20         Section 2.  It is declared by the Legislature that

21  firefighters, paramedics, emergency medical technicians, and

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

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

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

25  continuously instruct school personnel, public officials, and

26  private citizens about safety; and that their activities are

27  vital to the public safety.  Therefore, the Legislature

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

29  provide a uniform retirement system for the benefit of

30  firefighters, paramedics, emergency medical technicians, and

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 925

    Amendment No. 1 (for drafter's use only)





  1  implementing the provisions of s. 14, Art. X of the State

  2  Constitution as they relate to municipal and special district

  3  pension trust fund systems and plans, that such retirement

  4  systems or plans be managed, administered, operated, and

  5  funded in such manner as to maximize the protection of pension

  6  trust funds.  Pursuant to s. 18, Art. VII of the State

  7  Constitution, the Legislature hereby determines and declares

  8  that the provisions of this act fulfill an important state

  9  interest.

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

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

12  Statutes, are amended to read:

13         121.091  Benefits payable under the system.--Benefits

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

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

16  begun participation in the Deferred Retirement Option Program

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

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

19  department may cancel an application for retirement benefits

20  when the member or beneficiary fails to timely provide the

21  information and documents required by this chapter and the

22  department's rules. The department shall adopt rules

23  establishing procedures for application for retirement

24  benefits and for the cancellation of such application when the

25  required information or documents are not received.

26         (4)  DISABILITY RETIREMENT BENEFIT.--

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

28  considered totally and permanently disabled if, in the opinion

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

30  medically determinable physical or mental impairment, from

31  rendering useful and efficient service as an officer or

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 925

    Amendment No. 1 (for drafter's use only)





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

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

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

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

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

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

  7  be considered totally and permanently disabled and unable to

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

  9  administrator can provide documented competent medical

10  evidence that the officer is able to render useful and

11  efficient service as an officer. For purposes of this

12  subsection, the term "officer" includes police officers,

13  correctional officers, correctional probation officers,

14  firefighters, emergency medical technicians, and paramedics.

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

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

17  except under the disability retirement provisions of

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

19  employer after retirement and receive retirement benefits and

20  compensation from his or her employer without any limitations,

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

22  reemployment with any agency participating in the Florida

23  Retirement System and retirement benefits under this chapter

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

25  of retirement. However, a DROP participant shall continue

26  employment and receive a salary during the period of

27  participation in the Deferred Retirement Option Program, as

28  provided in subsection (13).

29         2.  Any person to whom the limitation in subparagraph

30  1. applies who violates such reemployment limitation and who

31  is reemployed with any agency participating in the Florida

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 925

    Amendment No. 1 (for drafter's use only)





  1  Retirement System before completion of the 12-month limitation

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

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

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

  5  limitation period.  Any person employed in violation of this

  6  paragraph and any employing agency which knowingly employs or

  7  appoints such person without notifying the Division of

  8  Retirement to suspend retirement benefits shall be jointly and

  9  severally liable for reimbursement to the retirement trust

10  fund of any benefits paid during the reemployment limitation

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

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

13  retired from a state-administered retirement system.  Any

14  retirement benefits received while reemployed during this

15  reemployment limitation period shall be repaid to the

16  retirement trust fund, and retirement benefits shall remain

17  suspended until such repayment has been made.  Benefits

18  suspended beyond the reemployment limitation shall apply

19  toward repayment of benefits received in violation of the

20  reemployment limitation.

21         3.  A district school board may reemploy a retired

22  member as a substitute or hourly teacher, education

23  paraprofessional, transportation assistant, bus driver, or

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

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

26  121.021(39).  Any retired member who is reemployed within 1

27  calendar month after retirement shall void his or her

28  application for retirement benefits. District school boards

29  reemploying such teachers, education paraprofessionals,

30  transportation assistants, bus drivers, or food service

31  workers are subject to the retirement contribution required by

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 925

    Amendment No. 1 (for drafter's use only)





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

  2  substitute or hourly teacher, education paraprofessional,

  3  transportation assistant, bus driver, or food service worker

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

  5  her retirement.  Any retired member reemployed for more than

  6  780 hours during his or her 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 his

23  or her retirement benefits shall remain suspended until

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

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

26  toward repayment of benefits received in violation of the

27  780-hour reemployment limitation.

28         4.  A community college board of trustees may reemploy

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

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

31  participant in a phased retirement program within the Florida

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 925

    Amendment No. 1 (for drafter's use only)





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

  2  1 calendar month, in accordance with s. 121.021(39).  Any

  3  retired member who is reemployed within 1 calendar month after

  4  retirement shall void his or her application for retirement

  5  benefits.  Boards of trustees reemploying such instructors are

  6  subject to the retirement contribution required in

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

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

  9  12 months of retirement.  Any retired member reemployed for

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

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

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

13  The division shall suspend his or her retirement benefits for

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

15  person employed in violation of this subparagraph and any

16  employing agency which knowingly employs or appoints such

17  person without notifying the Division of Retirement to suspend

18  retirement 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. HB 925

    Amendment No. 1 (for drafter's use only)





  1         5.  The State University System may reemploy a retired

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

  3  phased retirement program within the State University System

  4  after the retired member has been retired for 1 calendar

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

  6  who is reemployed within 1 calendar month after retirement

  7  shall void his or her application for retirement benefits.

  8  The State University System is subject to the retired

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

10  retired member may be reemployed as an adjunct faculty member

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

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

13  retirement.  Any retired member reemployed for more than 780

14  hours during the first 12 months of retirement shall give

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

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

17  division shall suspend his or her retirement benefits for the

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

19  employed in violation of this subparagraph and any employing

20  agency which knowingly employs or appoints such person without

21  notifying the Division of Retirement to suspend retirement

22  benefits shall be jointly and severally liable for

23  reimbursement to the retirement trust fund of any benefits

24  paid during the reemployment limitation period.  To avoid

25  liability, such employing agency shall have a written

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

27  a state-administered retirement system.  Any retirement

28  benefits received by a retired member while reemployed in

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

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

31  retirement benefits shall remain suspended until repayment is

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 925

    Amendment No. 1 (for drafter's use only)





  1  made.  Benefits suspended beyond the end of the retired

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

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

  4  reemployment limitation.

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

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

  7  substitute teacher, substitute residential instructor, or

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

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

10  121.021(39).  Any retired member who is reemployed within 1

11  calendar month after retirement shall void his or her

12  application for retirement benefits. The Board of Trustees of

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

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

15  retirement contribution required by subparagraph 8. 7.

16  Reemployment of a retired member as a substitute teacher,

17  substitute residential instructor, or substitute nurse is

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

19  retirement.  Any retired member reemployed for more than 780

20  hours during the first 12 months of retirement shall give

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

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

23  shall suspend his or her retirement benefits for the remainder

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

25  violation of this subparagraph and any employing agency which

26  knowingly employs or appoints such person without notifying

27  the Division of Retirement to suspend retirement benefits

28  shall be jointly and severally liable for reimbursement to the

29  retirement trust fund of any benefits paid during the

30  reemployment limitation period.  To avoid liability, such

31  employing agency shall have a written statement from the

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 925

    Amendment No. 1 (for drafter's use only)





  1  retiree that he or she is not retired from a

  2  state-administered retirement system.  Any retirement benefits

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

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

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

  6  benefits shall remain suspended until payment is made.

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

  8  first 12 months of retirement shall apply toward repayment of

  9  benefits received in violation of the 780-hour reemployment

10  limitation.

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

12  sheriff on a contractual basis after the retired member has

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

14  121.021(39). Any retired member who is reemployed within 1

15  calendar month after retirement shall void his or her

16  application for retirement benefits. Sheriffs reemploying such

17  deputy sheriffs are subject to the retirement contribution

18  required in subparagraph 8. Reemployment of a retired deputy

19  sheriff is limited to no more than 780 hours during the first

20  12 months of his or her retirement. Any retired member

21  reemployed for more than 780 hours during the first 12 months

22  of retirement shall give timely notice in writing to the

23  employer and to the division of the date he or she will exceed

24  the limitation. The division shall suspend his or her

25  retirement benefits for the remainder of the first 12 months

26  of retirement. Any person employed in violation of this

27  subparagraph and any employing agency that knowingly employs

28  or appoints such person without notifying the Division of

29  Retirement to suspend retirement benefits shall be jointly and

30  severally liable for reimbursement to the retirement trust

31  fund of any benefits paid during the reemployment limitation

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 925

    Amendment No. 1 (for drafter's use only)





  1  period. To avoid liability, such employing agency shall have a

  2  written statement from the retiree that he or she is not

  3  retired from a state-administered retirement system. Any

  4  retirement benefits received by a retired member while

  5  reemployed in excess of 780 hours during the first 12 months

  6  of retirement shall be repaid to the Retirement System Trust

  7  Fund, and retirement benefits shall remain suspended until

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

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

10  toward repayment of benefits received in violation of the

11  780-hour reemployment limitation.

12         8.7.  The employment by an employer of any retiree or

13  DROP participant of any state-administered retirement system

14  shall have no effect on the average final compensation or

15  years of creditable service of the retiree or DROP

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

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

18  121.053, who has been retired under any state-administered

19  retirement program, the employer shall pay retirement

20  contributions in an amount equal to the unfunded actuarial

21  liability portion of the employer contribution which would be

22  required for regular members of the Florida Retirement System.

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

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

25  subsection (13) with respect to DROP participants.

26         9.8.  Any person who has previously retired and who is

27  holding an elective public office or an appointment to an

28  elective public office eligible for the Elected Officers'

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

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

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 925

    Amendment No. 1 (for drafter's use only)





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

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

  3  121.122, and shall continue to receive retirement benefits as

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

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

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

  7  1, 1990, suspended his or her retirement benefit, and had his

  8  or her Florida Retirement System membership reinstated shall,

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

10  benefit recalculated to include the additional service and

11  compensation earned.

12         10.9.  Any person who is holding an elective public

13  office which is covered by the Florida Retirement System and

14  who is concurrently employed in nonelected covered employment

15  may elect to retire while continuing employment in the

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

17  required to terminate his or her nonelected covered

18  employment.  Any person who exercises this election shall

19  receive his or her retirement benefits in addition to the

20  compensation of the elective office without regard to the time

21  limitations otherwise provided in this subsection.  No person

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

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

24  retired under those provisions, unless such person is eligible

25  to retire under the provisions of this subparagraph, as

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

27         11.10.  The limitations of this paragraph apply to

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

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

30  which the person is compensated.

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

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 925

    Amendment No. 1 (for drafter's use only)





  1  Statutes, is amended to read:

  2         175.191  Disability retirement.--For any municipality,

  3  special fire control district, chapter plan, local law

  4  municipality, local law special fire control district, or

  5  local law plan under this chapter:

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

  7  from the service of a municipality or special fire control

  8  district due to total and permanent disability as a direct

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

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

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

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

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

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

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

16  firefighter's monthly benefit shall be the accrued normal

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

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

19  Notwithstanding any provision to the contrary, the monthly

20  retirement benefit payable to a firefighter, emergency medical

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

22  and permanent disability as a result of a catastrophic injury

23  as defined in s. 440.02(37) where such injury is a result of a

24  felonious act of another shall be the accrued retirement

25  benefit but shall not be less than 80 percent of his or her

26  average monthly salary at the time of disability.

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

28  Statutes, is amended to read:

29         185.18  Disability retirement.--For any municipality,

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

31  this chapter:

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 925

    Amendment No. 1 (for drafter's use only)





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

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

  3  permanent disability as a result of a disability is the

  4  monthly income payable for 10 years certain and life for

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

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

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

  8  his or her average monthly compensation as of the police

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

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

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

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

13  his or her average monthly compensation as of the police

14  officer's disability retirement date. Notwithstanding any

15  provision to the contrary, the monthly retirement benefit

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

17  total and permanent disability as a result of a catastrophic

18  injury as defined in s. 440.02(37) where such injury is a

19  result of a felonious act of another shall be the accrued

20  retirement benefit but shall not be less than 80 percent of

21  the officer's average monthly compensation as of the officer's

22  disability retirement date.

23         Section 6.  This act shall take effect upon becoming a

24  law.

25

26

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

28  And the title is amended as follows:

29         On page 1, line 2,

30

31  and insert:

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                                                   HOUSE AMENDMENT

                                                   Bill No. HB 925

    Amendment No. 1 (for drafter's use only)





  1         retirement; creating the "Officer Malcolm

  2         Thompson Act"; providing legislative intent;

  3         amending s. 121.091, F.S.; revising provisions

  4         relating to benefits payable for total and

  5         permanent disability for certain Special Risk

  6         Class members of the Florida Retirement System

  7         who are injured in the line of duty; providing

  8         for reemployment of retired deputy sheriffs;

  9         amending ss. 175.191 and 185.18, F.S.;

10         providing minimum retirement benefits payable

11         to certain Special Risk Class members who are

12         injured in the line of duty and who are totally

13         and permanently disabled due to such injury;

14         providing an effective date.

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