HB 0147CS

CHAMBER ACTION



1The Fiscal Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to retirement; providing a popular name;
7providing legislative intent; providing a statement of
8important state interest; amending s. 121.091, F.S.;
9revising provisions relating to benefits payable for total
10and permanent disability for certain Special Risk Class
11members of the Florida Retirement System who are injured
12in the line of duty; authorizing reemployment of a person
13who retired with in-line-of-duty disability benefits by
14employers not participating in a state-administered
15retirement system; authorizing reemployment of a person
16who retired with in-line-of-duty disability benefits by an
17employer participating in a state-administered retirement
18system after one calendar month; providing for
19contribution rate increases to fund benefits provided in
20s. 121.091, F.S., as amended; directing the Division of
21Statutory Revision to adjust contribution rates set forth
22in s. 121.71, F.S.; providing an effective date.
23
24Be It Enacted by the Legislature of the State of Florida:
25
26     Section 1.  This act may be cited as the "Officer Malcolm
27Thompson Act."
28     Section 2.  It is declared by the Legislature that
29firefighters, emergency medical technicians, paramedics, law
30enforcement officers, correctional officers, and correctional
31probation officers, as defined in this act, perform state and
32municipal functions; that it is their duty to protect life and
33property at their own risk and peril; that it is their duty to
34continuously instruct school personnel, public officials, and
35private citizens about safety; and that their activities are
36vital to the public safety. Therefore, the Legislature declares
37that it is a proper and legitimate state purpose to provide a
38uniform retirement system for the benefit of firefighters,
39emergency medical technicians, paramedics, law enforcement
40officers, correctional officers, and correctional probation
41officers, as defined in this act, and intends, in implementing
42the provisions of s. 14, Art. X of the State Constitution as
43they relate to municipal and special district pension trust fund
44systems and plans, that such retirement systems or plans be
45managed, administered, operated, and funded in such manner as to
46maximize the protection of pension trust funds. Pursuant to s.
4718, Art. VII of the State Constitution, the Legislature hereby
48determines and declares that the provisions of this act fulfill
49an important state interest.
50     Section 3.  Paragraph (b) of subsection (4) and subsection
51(9) of section 121.091, Florida Statutes, are amended to read:
52     121.091  Benefits payable under the system.--Benefits may
53not be paid under this section unless the member has terminated
54employment as provided in s. 121.021(39)(a) or begun
55participation in the Deferred Retirement Option Program as
56provided in subsection (13), and a proper application has been
57filed in the manner prescribed by the department. The department
58may cancel an application for retirement benefits when the
59member or beneficiary fails to timely provide the information
60and documents required by this chapter and the department's
61rules. The department shall adopt rules establishing procedures
62for application for retirement benefits and for the cancellation
63of such application when the required information or documents
64are not received.
65     (4)  DISABILITY RETIREMENT BENEFIT.--
66     (b)  Total and permanent disability.--
67     1.  Except as provided in subparagraph 2., a member shall
68be considered totally and permanently disabled if, in the
69opinion of the administrator, he or she is prevented, by reason
70of a medically determinable physical or mental impairment, from
71rendering useful and efficient service as an officer or
72employee.
73     2.  A member of the Special Risk Class who is a law
74enforcement officer, firefighter, correctional officer,
75emergency medical technician, paramedic as described in s.
76121.021(15)(c), or community-based correctional probation
77officer as described in s. 121.021(15)(d)1., shall be considered
78totally and permanently disabled in the line of duty if he or
79she is prevented, by reason of a medically determinable physical
80or mental impairment caused by a job-related injury, from
81performing useful and efficient service in the position held,
82unless the administrator can provide competent medical evidence
83to the contrary.
84     (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--
85     (a)1.  Except as provided in subparagraph 2., any person
86who is retired under this chapter, except under the disability
87retirement provisions of subsection (4), may be employed by an
88employer that does not participate in a state-administered
89retirement system and may receive compensation from that
90employment without limiting or restricting in any way the
91retirement benefits payable to that person.
92     2.  Any member of the Special Risk Class who retired under
93the disability retirement provisions of subparagraph (4)(b)2.
94may be reemployed by any employer not participating in a state-
95administered retirement system in any position other than the
96position in which he or she was employed at the time of the
97disabling illness or injury and may receive compensation from
98that employment without limiting or restricting in any way the
99disability benefits payable to that person under the Florida
100Retirement System.
101     (b)1.a.  Except as provided in sub-subparagraph b., any
102person who is retired under this chapter, except under the
103disability retirement provisions of subsection (4), may be
104reemployed by any private or public employer after retirement
105and receive retirement benefits and compensation from his or her
106employer without any limitations, except that a person may not
107receive both a salary from reemployment with any agency
108participating in the Florida Retirement System and retirement
109benefits under this chapter for a period of 12 months
110immediately subsequent to the date of retirement. However, a
111DROP participant shall continue employment and receive a salary
112during the period of participation in the Deferred Retirement
113Option Program, as provided in subsection (13).
114     b.  Any member of the Special Risk Class who retired under
115the disability retirement provisions of subparagraph (4)(b)2.
116may be reemployed by any employer participating in a state-
117administered retirement system after having been retired for 1
118calendar month, in accordance with s. 121.021(39). After 1
119calendar month of retirement, any such retired member may be
120reemployed in any position other than the one in which he or she
121was employed at the time of disability retirement and may
122receive compensation from that employment without limiting or
123restricting in any way the retirement benefits payable to that
124person under this chapter. Any retired member who is reemployed
125within 1 calendar month after retirement shall void his or her
126application for retirement benefits.
127     2.  Any person to whom the limitation in subparagraph 1.
128applies who violates such reemployment limitation and who is
129reemployed with any agency participating in the Florida
130Retirement System before completion of the 12-month limitation
131period shall give timely notice of this fact in writing to the
132employer and to the division and shall have his or her
133retirement benefits suspended for the balance of the 12-month
134limitation period. Any person employed in violation of this
135paragraph and any employing agency which knowingly employs or
136appoints such person without notifying the Division of
137Retirement to suspend retirement benefits shall be jointly and
138severally liable for reimbursement to the retirement trust fund
139of any benefits paid during the reemployment limitation period.
140To avoid liability, such employing agency shall have a written
141statement from the retiree that he or she is not retired from a
142state-administered retirement system. Any retirement benefits
143received while reemployed during this reemployment limitation
144period shall be repaid to the retirement trust fund, and
145retirement benefits shall remain suspended until such repayment
146has been made. Benefits suspended beyond the reemployment
147limitation shall apply toward repayment of benefits received in
148violation of the reemployment limitation.
149     3.  A district school board may reemploy a retired member
150as a substitute or hourly teacher, education paraprofessional,
151transportation assistant, bus driver, or food service worker on
152a noncontractual basis after he or she has been retired for 1
153calendar month, in accordance with s. 121.021(39). A district
154school board may reemploy a retired member as instructional
155personnel, as defined in s. 1012.01(2)(a), on an annual
156contractual basis after he or she has been retired for 1
157calendar month, in accordance with s. 121.021(39). Any other
158retired member who is reemployed within 1 calendar month after
159retirement shall void his or her application for retirement
160benefits. District school boards reemploying such teachers,
161education paraprofessionals, transportation assistants, bus
162drivers, or food service workers are subject to the retirement
163contribution required by subparagraph 7.
164     4.  A community college board of trustees may reemploy a
165retired member as an adjunct instructor, that is, an instructor
166who is noncontractual and part-time, or as a participant in a
167phased retirement program within the Florida Community College
168System, after he or she has been retired for 1 calendar month,
169in accordance with s. 121.021(39). Any retired member who is
170reemployed within 1 calendar month after retirement shall void
171his or her application for retirement benefits. Boards of
172trustees reemploying such instructors are subject to the
173retirement contribution required in subparagraph 7. A retired
174member may be reemployed as an adjunct instructor for no more
175than 780 hours during the first 12 months of retirement. Any
176retired member reemployed for more than 780 hours during the
177first 12 months of retirement shall give timely notice in
178writing to the employer and to the division of the date he or
179she will exceed the limitation. The division shall suspend his
180or her retirement benefits for the remainder of the first 12
181months of retirement. Any person employed in violation of this
182subparagraph and any employing agency which knowingly employs or
183appoints such person without notifying the Division of
184Retirement to suspend retirement benefits shall be jointly and
185severally liable for reimbursement to the retirement trust fund
186of any benefits paid during the reemployment limitation period.
187To avoid liability, such employing agency shall have a written
188statement from the retiree that he or she is not retired from a
189state-administered retirement system. Any retirement benefits
190received by a retired member while reemployed in excess of 780
191hours during the first 12 months of retirement shall be repaid
192to the Retirement System Trust Fund, and retirement benefits
193shall remain suspended until repayment is made. Benefits
194suspended beyond the end of the retired member's first 12 months
195of retirement shall apply toward repayment of benefits received
196in violation of the 780-hour reemployment limitation.
197     5.  The State University System may reemploy a retired
198member as an adjunct faculty member or as a participant in a
199phased retirement program within the State University System
200after the retired member has been retired for 1 calendar month,
201in accordance with s. 121.021(39). Any retired member who is
202reemployed within 1 calendar month after retirement shall void
203his or her application for retirement benefits. The State
204University System is subject to the retirement retired
205contribution required in subparagraph 7., as appropriate. A
206retired member may be reemployed as an adjunct faculty member or
207a participant in a phased retirement program for no more than
208780 hours during the first 12 months of his or her retirement.
209Any retired member reemployed for more than 780 hours during the
210first 12 months of retirement shall give timely notice in
211writing to the employer and to the division of the date he or
212she will exceed the limitation. The division shall suspend his
213or her retirement benefits for the remainder of the first 12
214months of retirement. Any person employed in violation of this
215subparagraph and any employing agency which knowingly employs or
216appoints such person without notifying the Division of
217Retirement to suspend retirement benefits shall be jointly and
218severally liable for reimbursement to the retirement trust fund
219of any benefits paid during the reemployment limitation period.
220To avoid liability, such employing agency shall have a written
221statement from the retiree that he or she is not retired from a
222state-administered retirement system. Any retirement benefits
223received by a retired member while reemployed in excess of 780
224hours during the first 12 months of retirement shall be repaid
225to the Retirement System Trust Fund, and retirement benefits
226shall remain suspended until repayment is made. Benefits
227suspended beyond the end of the retired member's first 12 months
228of retirement shall apply toward repayment of benefits received
229in violation of the 780-hour reemployment limitation.
230     6.  The Board of Trustees of the Florida School for the
231Deaf and the Blind may reemploy a retired member as a substitute
232teacher, substitute residential instructor, or substitute nurse
233on a noncontractual basis after he or she has been retired for 1
234calendar month, in accordance with s. 121.021(39). Any retired
235member who is reemployed within 1 calendar month after
236retirement shall void his or her application for retirement
237benefits. The Board of Trustees of the Florida School for the
238Deaf and the Blind reemploying such teachers, residential
239instructors, or nurses is subject to the retirement contribution
240required by subparagraph 7. Reemployment of a retired member as
241a substitute teacher, substitute residential instructor, or
242substitute nurse is limited to 780 hours during the first 12
243months of his or her retirement. Any retired member reemployed
244for more than 780 hours during the first 12 months of retirement
245shall give timely notice in writing to the employer and to the
246division of the date he or she will exceed the limitation. The
247division shall suspend his or her retirement benefits for the
248remainder of the first 12 months of retirement. Any person
249employed in violation of this subparagraph and any employing
250agency which knowingly employs or appoints such person without
251notifying the Division of Retirement to suspend retirement
252benefits shall be jointly and severally liable for reimbursement
253to the retirement trust fund of any benefits paid during the
254reemployment limitation period. To avoid liability, such
255employing agency shall have a written statement from the retiree
256that he or she is not retired from a state-administered
257retirement system. Any retirement benefits received by a retired
258member while reemployed in excess of 780 hours during the first
25912 months of retirement shall be repaid to the Retirement System
260Trust Fund, and his or her retirement benefits shall remain
261suspended until payment is made. Benefits suspended beyond the
262end of the retired member's first 12 months of retirement shall
263apply toward repayment of benefits received in violation of the
264780-hour reemployment limitation.
265     7.  The employment by an employer of any retiree or DROP
266participant of any state-administered retirement system shall
267have no effect on the average final compensation or years of
268creditable service of the retiree or DROP participant. Prior to
269July 1, 1991, upon employment of any person, other than an
270elected officer as provided in s. 121.053, who has been retired
271under any state-administered retirement program, the employer
272shall pay retirement contributions in an amount equal to the
273unfunded actuarial liability portion of the employer
274contribution which would be required for regular members of the
275Florida Retirement System. Effective July 1, 1991, contributions
276shall be made as provided in s. 121.122 for retirees with
277renewed membership or subsection (13) with respect to DROP
278participants.
279     8.  Any person who has previously retired and who is
280holding an elective public office or an appointment to an
281elective public office eligible for the Elected Officers' Class
282on or after July 1, 1990, shall be enrolled in the Florida
283Retirement System as provided in s. 121.053(1)(b) or, if holding
284an elective public office that does not qualify for the Elected
285Officers' Class on or after July 1, 1991, shall be enrolled in
286the Florida Retirement System as provided in s. 121.122, and
287shall continue to receive retirement benefits as well as
288compensation for the elected officer's service for as long as he
289or she remains in elective office. However, any retired member
290who served in an elective office prior to July 1, 1990,
291suspended his or her retirement benefit, and had his or her
292Florida Retirement System membership reinstated shall, upon
293retirement from such office, have his or her retirement benefit
294recalculated to include the additional service and compensation
295earned.
296     9.  Any person who is holding an elective public office
297which is covered by the Florida Retirement System and who is
298concurrently employed in nonelected covered employment may elect
299to retire while continuing employment in the elective public
300office, provided that he or she shall be required to terminate
301his or her nonelected covered employment. Any person who
302exercises this election shall receive his or her retirement
303benefits in addition to the compensation of the elective office
304without regard to the time limitations otherwise provided in
305this subsection. No person who seeks to exercise the provisions
306of this subparagraph, as the same existed prior to May 3, 1984,
307shall be deemed to be retired under those provisions, unless
308such person is eligible to retire under the provisions of this
309subparagraph, as amended by chapter 84-11, Laws of Florida.
310     10.  The limitations of this paragraph apply to
311reemployment in any capacity with an "employer" as defined in s.
312121.021(10), irrespective of the category of funds from which
313the person is compensated.
314     11.  Except as provided in subparagraph 12., an employing
315agency may reemploy a retired member as a firefighter or
316paramedic after the retired member has been retired for 1
317calendar month, in accordance with s. 121.021(39). Any retired
318member who is reemployed within 1 calendar month after
319retirement shall void his or her application for retirement
320benefits. The employing agency reemploying such firefighter or
321paramedic is subject to the retirement retired contribution
322required in subparagraph 7. 8. Reemployment of a retired
323firefighter or paramedic is limited to no more than 780 hours
324during the first 12 months of his or her retirement. Any retired
325member reemployed for more than 780 hours during the first 12
326months of retirement shall give timely notice in writing to the
327employer and to the division of the date he or she will exceed
328the limitation. The division shall suspend his or her retirement
329benefits for the remainder of the first 12 months of retirement.
330Any person employed in violation of this subparagraph and any
331employing agency which knowingly employs or appoints such person
332without notifying the Division of Retirement to suspend
333retirement benefits shall be jointly and severally liable for
334reimbursement to the Retirement System Trust Fund of any
335benefits paid during the reemployment limitation period. To
336avoid liability, such employing agency shall have a written
337statement from the retiree that he or she is not retired from a
338state-administered retirement system. Any retirement benefits
339received by a retired member while reemployed in excess of 780
340hours during the first 12 months of retirement shall be repaid
341to the Retirement System Trust Fund, and retirement benefits
342shall remain suspended until repayment is made. Benefits
343suspended beyond the end of the retired member's first 12 months
344of retirement shall apply toward repayment of benefits received
345in violation of the 780-hour reemployment limitation.
346     12.  An employing agency may reemploy a retired member who
347retired under the disability provisions of subparagraph
348(4)(b)2., as a law enforcement officer, firefighter,
349correctional officer, emergency medical technician, paramedic,
350or a community-based correctional probation officer, after the
351retired member has been retired for 1 calendar month, in
352accordance with s. 121.021(39). Such retired member may not be
353reemployed with any employer in the position he or she held at
354the time of the disabling illness or injury. Any retired member
355who is reemployed within 1 calendar month after retirement shall
356void his or her application for retirement benefits. The
357employing agency reemploying such a member is subject to the
358retirement contribution required in subparagraph 7.
359     Section 4.  Effective July 1, 2005, in order to fund the
360benefit improvements provided in s. 121.091, Florida Statutes,
361as amended by this act, the contribution rate that applies to
362the Special Risk Class of the defined benefit program of the
363Florida Retirement System shall be increased by 0.31 percentage
364points. This increase shall be in addition to all other changes
365to such contribution rates which may be enacted into law to take
366effect on that date. The Division of Statutory Revision is
367directed to adjust accordingly the contribution rates set forth
368in s. 121.71, Florida Statutes.
369     Section 5.  This act shall take effect July 1, 2005.


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