House Bill hb0925c1

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    Florida House of Representatives - 2002              CS/HB 925

        By the Fiscal Responsibility Council and Representatives
    Attkisson and Lynn





  1                      A bill to be entitled

  2         An act relating to retirement; creating the

  3         "Officer Malcolm Thompson Act"; providing

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

  5         revising provisions relating to benefits

  6         payable for total and permanent disability for

  7         certain Special Risk Class members of the

  8         Florida Retirement System who are injured in

  9         the line of duty; providing for reemployment of

10         retired deputy sheriffs; amending ss. 175.191

11         and 185.18, F.S.; providing minimum retirement

12         benefits payable to certain Special Risk Class

13         members who are injured in the line of duty and

14         who are totally and permanently disabled due to

15         such injury; providing for contribution rate

16         increases to fund benefits provided in s.

17         121.091, F.S., as amended; directing the

18         Division of Statutory Revision to adjust

19         contribution rates set forth in s. 121.071,

20         F.S.; providing effective dates.

21

22  Be It Enacted by the Legislature of the State of Florida:

23

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

25  "Officer Malcolm Thompson Act."

26         Section 2.  It is declared by the Legislature that

27  firefighters, paramedics, emergency medical technicians, and

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

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

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

31  continuously instruct school personnel, public officials, and

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  1  private citizens about safety; and that their activities are

  2  vital to the public safety.  Therefore, the Legislature

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

  4  provide a uniform retirement system for the benefit of

  5  firefighters, paramedics, emergency medical technicians, and

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

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

  8  Constitution as they relate to municipal and special district

  9  pension trust fund systems and plans, that such retirement

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

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

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

13  Constitution, the Legislature hereby determines and declares

14  that the provisions of this act fulfill an important state

15  interest.

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

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

18  Statutes, are amended to read:

19         121.091  Benefits payable under the system.--Benefits

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

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

22  begun participation in the Deferred Retirement Option Program

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

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

25  department may cancel an application for retirement benefits

26  when the member or beneficiary fails to timely provide the

27  information and documents required by this chapter and the

28  department's rules. The department shall adopt rules

29  establishing procedures for application for retirement

30  benefits and for the cancellation of such application when the

31  required information or documents are not received.

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  1         (4)  DISABILITY RETIREMENT BENEFIT.--

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

  3  considered totally and permanently disabled if, in the opinion

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

  5  medically determinable physical or mental impairment, from

  6  rendering useful and efficient service as an officer or

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

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

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

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

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

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

13  be considered totally and permanently disabled and unable to

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

15  administrator can provide documented competent medical

16  evidence that the officer is able to render useful and

17  efficient service as an officer. For purposes of this

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

19  correctional officers, correctional probation officers,

20  firefighters, emergency medical technicians, and paramedics.

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

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

23  except under the disability retirement provisions of

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

25  employer after retirement and receive retirement benefits and

26  compensation from his or her employer without any limitations,

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

28  reemployment with any agency participating in the Florida

29  Retirement System and retirement benefits under this chapter

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

31  of retirement. However, a DROP participant shall continue

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  1  employment and receive a salary during the period of

  2  participation in the Deferred Retirement Option Program, as

  3  provided in subsection (13).

  4         2.  Any person to whom the limitation in subparagraph

  5  1. applies who violates such reemployment limitation and who

  6  is reemployed with any agency participating in the Florida

  7  Retirement System before completion of the 12-month limitation

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

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

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

11  limitation period.  Any person employed in violation of this

12  paragraph and any employing agency which knowingly employs or

13  appoints such person without notifying the Division of

14  Retirement to suspend retirement benefits shall be jointly and

15  severally liable for reimbursement to the retirement trust

16  fund of any benefits paid during the reemployment limitation

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

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

19  retired from a state-administered retirement system.  Any

20  retirement benefits received while reemployed during this

21  reemployment limitation period shall be repaid to the

22  retirement trust fund, and retirement benefits shall remain

23  suspended until such repayment has been made.  Benefits

24  suspended beyond the reemployment limitation shall apply

25  toward repayment of benefits received in violation of the

26  reemployment limitation.

27         3.  A district school board may reemploy a retired

28  member as a substitute or hourly teacher, education

29  paraprofessional, transportation assistant, bus driver, or

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

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

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

  2  calendar month after retirement shall void his or her

  3  application for retirement benefits. District school boards

  4  reemploying such teachers, education paraprofessionals,

  5  transportation assistants, bus drivers, or food service

  6  workers are subject to the retirement contribution required by

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

  8  substitute or hourly teacher, education paraprofessional,

  9  transportation assistant, bus driver, or food service worker

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

11  her retirement.  Any retired member reemployed for more than

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

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

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

15  The division shall suspend his or her retirement benefits for

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

17  person employed in violation of this subparagraph and any

18  employing agency which knowingly employs or appoints such

19  person without notifying the Division of Retirement to suspend

20  retirement benefits shall be jointly and severally liable for

21  reimbursement to the retirement trust fund of any benefits

22  paid during the reemployment limitation period.  To avoid

23  liability, such employing agency shall have a written

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

25  a state-administered retirement system.  Any retirement

26  benefits received by a retired member while reemployed in

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

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

29  or her retirement benefits shall remain suspended until

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

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

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  1  toward repayment of benefits received in violation of the

  2  780-hour reemployment limitation.

  3         4.  A community college board of trustees may reemploy

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

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

  6  participant in a phased retirement program within the Florida

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

  8  1 calendar month, in accordance with s. 121.021(39).  Any

  9  retired member who is reemployed within 1 calendar month after

10  retirement shall void his or her application for retirement

11  benefits.  Boards of trustees reemploying such instructors are

12  subject to the retirement contribution required in

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

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

15  12 months of retirement.  Any retired member reemployed for

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

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

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

19  The division shall suspend his or her retirement benefits for

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

21  person employed in violation of this subparagraph and any

22  employing agency which knowingly employs or appoints such

23  person without notifying the Division of Retirement to suspend

24  retirement benefits shall be jointly and severally liable for

25  reimbursement to the retirement trust fund of any benefits

26  paid during the reemployment limitation period.  To avoid

27  liability, such employing agency shall have a written

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

29  a state-administered retirement system.  Any retirement

30  benefits received by a retired member while reemployed in

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

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

  2  retirement benefits shall remain suspended until repayment is

  3  made.  Benefits suspended beyond the end of the retired

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

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

  6  reemployment limitation.

  7         5.  The State University System may reemploy a retired

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

  9  phased retirement program within the State University System

10  after the retired member has been retired for 1 calendar

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

12  who is reemployed within 1 calendar month after retirement

13  shall void his or her application for retirement benefits.

14  The State University System is subject to the retired

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

16  retired member may be reemployed as an adjunct faculty member

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

18  than 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

23  division shall suspend his or her retirement benefits for the

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

25  employed in violation of this subparagraph and any employing

26  agency which knowingly employs or appoints such person without

27  notifying the Division of Retirement to suspend retirement

28  benefits shall be jointly and severally liable for

29  reimbursement to the retirement trust fund of any benefits

30  paid during the reemployment limitation period.  To avoid

31  liability, such employing agency shall have a written

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

  2  a state-administered retirement system.  Any retirement

  3  benefits received by a retired member while reemployed in

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

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

  6  retirement benefits shall remain suspended until repayment is

  7  made.  Benefits suspended beyond the end of the retired

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

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

10  reemployment limitation.

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

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

13  substitute teacher, substitute residential instructor, or

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

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

16  121.021(39).  Any retired member who is reemployed within 1

17  calendar month after retirement shall void his or her

18  application for retirement benefits. The Board of Trustees of

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

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

21  retirement contribution required by subparagraph 8. 7.

22  Reemployment of a retired member as a substitute teacher,

23  substitute residential instructor, or substitute nurse is

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

25  retirement.  Any retired member reemployed for more than 780

26  hours during the first 12 months of retirement shall give

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

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

29  shall suspend his or her retirement benefits for the remainder

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

31  violation of this subparagraph and any employing agency which

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  1  knowingly employs or appoints such person without notifying

  2  the Division of Retirement to suspend retirement benefits

  3  shall be jointly and severally liable for reimbursement to the

  4  retirement trust fund of any benefits paid during the

  5  reemployment limitation period.  To avoid liability, such

  6  employing agency shall have a written statement from the

  7  retiree that he or she is not retired from a

  8  state-administered retirement system.  Any retirement benefits

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

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

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

12  benefits shall remain suspended until payment is made.

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

14  first 12 months of retirement shall apply toward repayment of

15  benefits received in violation of the 780-hour reemployment

16  limitation.

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

18  sheriff on a contractual basis after the retired member has

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

20  121.021(39). Any retired member who is reemployed within 1

21  calendar month after retirement shall void his or her

22  application for retirement benefits. Sheriffs reemploying such

23  deputy sheriffs are subject to the retirement contribution

24  required in subparagraph 8. Reemployment of a retired deputy

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

26  12 months of his or her retirement. Any retired member

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

28  of retirement shall give timely notice in writing to the

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

30  the limitation. The division shall suspend his or her

31  retirement benefits for the remainder of the first 12 months

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  1  of retirement. Any person employed in violation of this

  2  subparagraph and any employing agency that knowingly employs

  3  or 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 a

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

  9  retired from a state-administered retirement system. Any

10  retirement benefits received by a retired member while

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

12  of retirement shall be repaid to the Retirement System Trust

13  Fund, and retirement benefits shall remain suspended until

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

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

16  toward repayment of benefits received in violation of the

17  780-hour reemployment limitation.

18         8.7.  The employment by an employer of any retiree or

19  DROP participant of any state-administered retirement system

20  shall have no effect on the average final compensation or

21  years of creditable service of the retiree or DROP

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

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

24  121.053, who has been retired under any state-administered

25  retirement program, the employer shall pay retirement

26  contributions in an amount equal to the unfunded actuarial

27  liability portion of the employer contribution which would be

28  required for regular members of the Florida Retirement System.

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

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

31  subsection (13) with respect to DROP participants.

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  1         9.8.  Any person who has previously retired and who is

  2  holding an elective public office or an appointment to an

  3  elective public office eligible for the Elected Officers'

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

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

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

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

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

  9  121.122, and shall continue to receive retirement benefits as

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

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

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

13  1, 1990, suspended his or her retirement benefit, and had his

14  or her Florida Retirement System membership reinstated shall,

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

16  benefit recalculated to include the additional service and

17  compensation earned.

18         10.9.  Any person who is holding an elective public

19  office which is covered by the Florida Retirement System and

20  who is concurrently employed in nonelected covered employment

21  may elect to retire while continuing employment in the

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

23  required to terminate his or her nonelected covered

24  employment.  Any person who exercises this election shall

25  receive his or her retirement benefits in addition to the

26  compensation of the elective office without regard to the time

27  limitations otherwise provided in this subsection.  No person

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

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

30  retired under those provisions, unless such person is eligible

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  1  to retire under the provisions of this subparagraph, as

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

  3         11.10.  The limitations of this paragraph apply to

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

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

  6  which the person is compensated.

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

  8  Statutes, is amended to read:

  9         175.191  Disability retirement.--For any municipality,

10  special fire control district, chapter plan, local law

11  municipality, local law special fire control district, or

12  local law plan under this chapter:

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

14  from the service of a municipality or special fire control

15  district due to total and permanent disability as a direct

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

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

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

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

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

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

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

23  firefighter's monthly benefit shall be the accrued normal

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

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

26  Notwithstanding any provision to the contrary, the monthly

27  retirement benefit payable to a firefighter, emergency medical

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

29  and permanent disability as a result of a catastrophic injury

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

31  felonious act of another shall be the accrued retirement

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

  2  average monthly salary at the time of disability.

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

  4  Statutes, is amended to read:

  5         185.18  Disability retirement.--For any municipality,

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

  7  this chapter:

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

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

10  permanent disability as a result of a disability is the

11  monthly income payable for 10 years certain and life for

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

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

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

15  his or her average monthly compensation as of the police

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

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

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

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

20  his or her average monthly compensation as of the police

21  officer's disability retirement date. Notwithstanding any

22  provision to the contrary, the monthly retirement benefit

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

24  total and permanent disability as a result of a catastrophic

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

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

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

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

29  disability retirement date.

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

  2  the benefits provided in s. 121.091, Florida Statutes, as

  3  amended by this act:

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

  5  Risk Class of the defined benefit program of the Florida

  6  Retirement System shall be increased by 0.02 percentage

  7  points; and

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

  9  Risk Administrative Support Class of the defined benefit

10  program of the Florida Retirement System shall be increased by

11  0.14 percentage points.

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

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

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

16  directed to adjust accordingly the contribution rates set

17  forth in s. 121.071, Florida Statutes.

18         Section 7.  Except as otherwise provided herein, this

19  act shall take effect upon becoming a law.

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