Senate Bill sb1442

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    Florida Senate - 2004                                  SB 1442

    By Senator Sebesta





    16-286B-04

  1                      A bill to be entitled

  2         An act relating to retirement for disability;

  3         amending s. 121.091, F.S.; providing that, when

  4         an employee works in another state full time,

  5         his or her permanent disability may be

  6         certified by physicians licensed in that state;

  7         providing an effective date.

  8  

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

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11         Section 1.  Paragraph (c) of subsection (4) of section

12  121.091, Florida Statutes, is 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         (c)  Proof of disability.--The administrator, before

28  approving payment of any disability retirement benefit, shall

29  require proof that the member is totally and permanently

30  disabled as provided herein:

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    Florida Senate - 2004                                  SB 1442
    16-286B-04




 1         1.  Such proof shall include the certification of the

 2  member's total and permanent disability by two licensed

 3  physicians of the state and such other evidence of disability

 4  as the administrator may require, including reports from

 5  vocational rehabilitation, evaluation, or testing specialists

 6  who have evaluated the applicant for employment. A member

 7  whose position with an employer requires that the member work

 8  full time outside of Florida in the United States may include

 9  certification by two licensed physicians of the state where

10  the member works.

11         2.  It must be documented that:

12         a.  The member's medical condition occurred or became

13  symptomatic during the time the member was employed in an

14  employee/employer relationship with his or her employer;

15         b.  The member was totally and permanently disabled at

16  the time he or she terminated covered employment; and

17         c.  The member has not been employed with any other

18  employer after such termination.

19         3.  If the application is for in-line-of-duty

20  disability, in addition to the requirements of subparagraph

21  2., it must be documented by competent medical evidence that

22  the disability was caused by a job-related illness or accident

23  which occurred while the member was in an employee/employer

24  relationship with his or her employer.

25         4.  The unavailability of an employment position that

26  the member is physically and mentally capable of performing

27  will not be considered as proof of total and permanent

28  disability.

29         Section 2.  This act shall take effect upon becoming a

30  law.

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    Florida Senate - 2004                                  SB 1442
    16-286B-04




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 2                          SENATE SUMMARY

 3    Provides that the physicians who certify the member's
      total and permanent disability in order for a member of
 4    the Florida Retirement System to retire for disability
      may be licensees of the state in which the member works.
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