| 1 | A bill to be entitled | 
| 2 | An act relating to retirement; providing a short title; | 
| 3 | providing legislative intent; providing a statement of | 
| 4 | important state interest; amending s. 121.091, F.S.; | 
| 5 | revising provisions relating to benefits payable for total | 
| 6 | and permanent disability for certain Special Risk Class | 
| 7 | members of the Florida Retirement System who are injured | 
| 8 | in the line of duty; authorizing reemployment of a person | 
| 9 | who retired with in-line-of-duty disability benefits by | 
| 10 | employers not participating in a state-administered | 
| 11 | retirement system; authorizing reemployment of a person | 
| 12 | who retired with in-line-of-duty disability benefits by an | 
| 13 | employer participating in a state-administered retirement | 
| 14 | system after 1 calendar month; providing for contribution | 
| 15 | rate increases to fund benefits provided in s. 121.091, | 
| 16 | F.S., as amended; directing the Division of Statutory | 
| 17 | Revision to adjust contribution rates set forth in s. | 
| 18 | 121.71, F.S.; providing an effective date. | 
| 19 | 
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| 20 | Be It Enacted by the Legislature of the State of Florida: | 
| 21 | 
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| 22 | Section 1.  This act may be cited as the "Officer Malcolm | 
| 23 | Thompson Act." | 
| 24 | Section 2.  It is declared by the Legislature that | 
| 25 | firefighters, emergency medical technicians, paramedics, law | 
| 26 | enforcement officers, correctional officers, and correctional | 
| 27 | probation officers, as described in this act, perform state and | 
| 28 | municipal functions; that it is their duty to protect life and | 
| 29 | property at their own risk and peril; that it is their duty to | 
| 30 | continuously instruct school personnel, public officials, and | 
| 31 | private citizens about safety; and that their activities are | 
| 32 | vital to the public safety. Therefore, the Legislature declares | 
| 33 | that it is a proper and legitimate state purpose to provide a | 
| 34 | uniform retirement system for the benefit of firefighters, | 
| 35 | emergency medical technicians, paramedics, law enforcement | 
| 36 | officers, correctional officers, and correctional probation | 
| 37 | officers, as defined in this act, and intends, in implementing | 
| 38 | the provisions of s. 14, Art. X of the State Constitution as | 
| 39 | they relate to municipal and special district pension trust fund | 
| 40 | systems and plans, that such retirement systems or plans be | 
| 41 | managed, administered, operated, and funded in such manner as to | 
| 42 | maximize the protection of pension trust funds. Pursuant to s. | 
| 43 | 18, Art. VII of the State Constitution, the Legislature hereby | 
| 44 | determines and declares that the provisions of this act fulfill | 
| 45 | an important state interest. | 
| 46 | Section 3.  Paragraph (b) of subsection (4) and subsection | 
| 47 | (9) of section 121.091, Florida Statutes, are amended to read: | 
| 48 | 121.091  Benefits payable under the system.--Benefits may | 
| 49 | not be paid under this section unless the member has terminated | 
| 50 | employment as provided in s. 121.021(39)(a) or begun | 
| 51 | participation in the Deferred Retirement Option Program as | 
| 52 | provided in subsection (13), and a proper application has been | 
| 53 | filed in the manner prescribed by the department. The department | 
| 54 | may cancel an application for retirement benefits when the | 
| 55 | member or beneficiary fails to timely provide the information | 
| 56 | and documents required by this chapter and the department's | 
| 57 | rules. The department shall adopt rules establishing procedures | 
| 58 | for application for retirement benefits and for the cancellation | 
| 59 | of such application when the required information or documents | 
| 60 | are not received. | 
| 61 | (4)  DISABILITY RETIREMENT BENEFIT.-- | 
| 62 | (b)  Total and permanent disability.-- | 
| 63 | 1.  Except as provided in subparagraph 2., a member shall | 
| 64 | be considered totally and permanently disabled if, in the | 
| 65 | opinion of the administrator, he or she is prevented, by reason | 
| 66 | of a medically determinable physical or mental impairment, from | 
| 67 | rendering useful and efficient service as an officer or | 
| 68 | employee. | 
| 69 | 2.  A member of the Special Risk Class who is a law | 
| 70 | enforcement officer, firefighter, correctional officer, | 
| 71 | emergency medical technician, or paramedic as described in s. | 
| 72 | 121.021(15)(c) or a community-based correctional probation | 
| 73 | officer as described in s. 121.021(15)(d)1. shall be considered | 
| 74 | totally and permanently disabled in the line of duty if he or | 
| 75 | she is prevented, by reason of a medically determinable physical | 
| 76 | or mental impairment caused by a job-related injury, from | 
| 77 | performing useful and efficient service in the position held, | 
| 78 | unless the administrator can provide competent medical evidence | 
| 79 | to the contrary. | 
| 80 | (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.-- | 
| 81 | (a)1.  Except as provided in subparagraph 2., any person | 
| 82 | who is retired under this chapter, except under the disability | 
| 83 | retirement provisions of subsection (4), may be employed by an | 
| 84 | employer that does not participate in a state-administered | 
| 85 | retirement system and may receive compensation from that | 
| 86 | employment without limiting or restricting in any way the | 
| 87 | retirement benefits payable to that person. | 
| 88 | 2.  Any member of the Special Risk Class who retired under | 
| 89 | the disability retirement provisions of subparagraph (4)(b)2. | 
| 90 | may be reemployed by any employer not participating in a state- | 
| 91 | administered retirement system in any position other than the | 
| 92 | position in which he or she was employed at the time of the | 
| 93 | disabling illness or injury and may receive compensation from | 
| 94 | that employment without limiting or restricting in any way the | 
| 95 | disability benefits payable to that person under the Florida | 
| 96 | Retirement System. | 
| 97 | (b)1.a.  Except as provided in sub-subparagraph b., any | 
| 98 | person who is retired under this chapter, except under the | 
| 99 | disability retirement provisions of subsection (4), may be | 
| 100 | reemployed by any private or public employer after retirement | 
| 101 | and receive retirement benefits and compensation from his or her | 
| 102 | employer without any limitations, except that a person may not | 
| 103 | receive both a salary from reemployment with any agency | 
| 104 | participating in the Florida Retirement System and retirement | 
| 105 | benefits under this chapter for a period of 12 months | 
| 106 | immediately subsequent to the date of retirement. However, a | 
| 107 | DROP participant shall continue employment and receive a salary | 
| 108 | during the period of participation in the Deferred Retirement | 
| 109 | Option Program, as provided in subsection (13). | 
| 110 | b.  Any member of the Special Risk Class who retired under | 
| 111 | the disability retirement provisions of subparagraph (4)(b)2. | 
| 112 | may be reemployed by any employer participating in a state- | 
| 113 | administered retirement system after having been retired for 1 | 
| 114 | calendar month, in accordance with s. 121.021(39). After 1 | 
| 115 | calendar month of retirement, any such retired member may be | 
| 116 | reemployed in any position other than the one in which he or she | 
| 117 | was employed at the time of disability retirement and may | 
| 118 | receive compensation from that employment without limiting or | 
| 119 | restricting in any way the retirement benefits payable to that | 
| 120 | person under this chapter. Any retired member who is reemployed | 
| 121 | within 1 calendar month after retirement shall void his or her | 
| 122 | application for retirement benefits. | 
| 123 | 2.  Any person to whom the limitation in subparagraph 1. | 
| 124 | applies who violates such reemployment limitation and who is | 
| 125 | reemployed with any agency participating in the Florida | 
| 126 | Retirement System before completion of the 12-month limitation | 
| 127 | period shall give timely notice of this fact in writing to the | 
| 128 | employer and to the division and shall have his or her | 
| 129 | retirement benefits suspended for the balance of the 12-month | 
| 130 | limitation period. Any person employed in violation of this | 
| 131 | paragraph and any employing agency which knowingly employs or | 
| 132 | appoints such person without notifying the Division of | 
| 133 | Retirement to suspend retirement benefits shall be jointly and | 
| 134 | severally liable for reimbursement to the retirement trust fund | 
| 135 | of any benefits paid during the reemployment limitation period. | 
| 136 | To avoid liability, such employing agency shall have a written | 
| 137 | statement from the retiree that he or she is not retired from a | 
| 138 | state-administered retirement system. Any retirement benefits | 
| 139 | received while reemployed during this reemployment limitation | 
| 140 | period shall be repaid to the retirement trust fund, and | 
| 141 | retirement benefits shall remain suspended until such repayment | 
| 142 | has been made. Benefits suspended beyond the reemployment | 
| 143 | limitation shall apply toward repayment of benefits received in | 
| 144 | violation of the reemployment limitation. | 
| 145 | 3.  A district school board may reemploy a retired member | 
| 146 | as a substitute or hourly teacher, education paraprofessional, | 
| 147 | transportation assistant, bus driver, or food service worker on | 
| 148 | a noncontractual basis after he or she has been retired for 1 | 
| 149 | calendar month, in accordance with s. 121.021(39). A district | 
| 150 | school board may reemploy a retired member as instructional | 
| 151 | personnel, as defined in s. 1012.01(2)(a), on an annual | 
| 152 | contractual basis after he or she has been retired for 1 | 
| 153 | calendar month, in accordance with s. 121.021(39). Any other | 
| 154 | retired member who is reemployed within 1 calendar month after | 
| 155 | retirement shall void his or her application for retirement | 
| 156 | benefits. District school boards reemploying such teachers, | 
| 157 | education paraprofessionals, transportation assistants, bus | 
| 158 | drivers, or food service workers are subject to the retirement | 
| 159 | contribution required by subparagraph 7. | 
| 160 | 4.  A community college board of trustees may reemploy a | 
| 161 | retired member as an adjunct instructor, that is, an instructor | 
| 162 | who is noncontractual and part-time, or as a participant in a | 
| 163 | phased retirement program within the Florida Community College | 
| 164 | System, after he or she has been retired for 1 calendar month, | 
| 165 | in accordance with s. 121.021(39). Any retired member who is | 
| 166 | reemployed within 1 calendar month after retirement shall void | 
| 167 | his or her application for retirement benefits. Boards of | 
| 168 | trustees reemploying such instructors are subject to the | 
| 169 | retirement contribution required in subparagraph 7. A retired | 
| 170 | member may be reemployed as an adjunct instructor for no more | 
| 171 | than 780 hours during the first 12 months of retirement. Any | 
| 172 | retired member reemployed for more than 780 hours during the | 
| 173 | first 12 months of retirement shall give timely notice in | 
| 174 | writing to the employer and to the division of the date he or | 
| 175 | she will exceed the limitation. The division shall suspend his | 
| 176 | or her retirement benefits for the remainder of the first 12 | 
| 177 | months of retirement. Any person employed in violation of this | 
| 178 | subparagraph and any employing agency which knowingly employs or | 
| 179 | appoints such person without notifying the Division of | 
| 180 | Retirement to suspend retirement benefits shall be jointly and | 
| 181 | severally liable for reimbursement to the retirement trust fund | 
| 182 | of any benefits paid during the reemployment limitation period. | 
| 183 | To avoid liability, such employing agency shall have a written | 
| 184 | statement from the retiree that he or she is not retired from a | 
| 185 | state-administered retirement system. Any retirement benefits | 
| 186 | received by a retired member while reemployed in excess of 780 | 
| 187 | hours during the first 12 months of retirement shall be repaid | 
| 188 | to the Retirement System Trust Fund, and retirement benefits | 
| 189 | shall remain suspended until repayment is made. Benefits | 
| 190 | suspended beyond the end of the retired member's first 12 months | 
| 191 | of retirement shall apply toward repayment of benefits received | 
| 192 | in violation of the 780-hour reemployment limitation. | 
| 193 | 5.  The State University System may reemploy a retired | 
| 194 | member as an adjunct faculty member or as a participant in a | 
| 195 | phased retirement program within the State University System | 
| 196 | after the retired member has been retired for 1 calendar month, | 
| 197 | in accordance with s. 121.021(39). Any retired member who is | 
| 198 | reemployed within 1 calendar month after retirement shall void | 
| 199 | his or her application for retirement benefits. The State | 
| 200 | University System is subject to the retirement retired | 
| 201 | contribution required in subparagraph 7., as appropriate. A | 
| 202 | retired member may be reemployed as an adjunct faculty member or | 
| 203 | a participant in a phased retirement program for no more than | 
| 204 | 780 hours during the first 12 months of his or her retirement. | 
| 205 | Any retired member reemployed for more than 780 hours during the | 
| 206 | first 12 months of retirement shall give timely notice in | 
| 207 | writing to the employer and to the division of the date he or | 
| 208 | she will exceed the limitation. The division shall suspend his | 
| 209 | or her retirement benefits for the remainder of the first 12 | 
| 210 | months of retirement. Any person employed in violation of this | 
| 211 | subparagraph and any employing agency which knowingly employs or | 
| 212 | appoints such person without notifying the Division of | 
| 213 | Retirement to suspend retirement benefits shall be jointly and | 
| 214 | severally liable for reimbursement to the retirement trust fund | 
| 215 | of any benefits paid during the reemployment limitation period. | 
| 216 | To avoid liability, such employing agency shall have a written | 
| 217 | statement from the retiree that he or she is not retired from a | 
| 218 | state-administered retirement system. Any retirement benefits | 
| 219 | received by a retired member while reemployed in excess of 780 | 
| 220 | hours during the first 12 months of retirement shall be repaid | 
| 221 | to the Retirement System Trust Fund, and retirement benefits | 
| 222 | shall remain suspended until repayment is made. Benefits | 
| 223 | suspended beyond the end of the retired member's first 12 months | 
| 224 | of retirement shall apply toward repayment of benefits received | 
| 225 | in violation of the 780-hour reemployment limitation. | 
| 226 | 6.  The Board of Trustees of the Florida School for the | 
| 227 | Deaf and the Blind may reemploy a retired member as a substitute | 
| 228 | teacher, substitute residential instructor, or substitute nurse | 
| 229 | on a noncontractual basis after he or she has been retired for 1 | 
| 230 | calendar month, in accordance with s. 121.021(39). Any retired | 
| 231 | member who is reemployed within 1 calendar month after | 
| 232 | retirement shall void his or her application for retirement | 
| 233 | benefits. The Board of Trustees of the Florida School for the | 
| 234 | Deaf and the Blind reemploying such teachers, residential | 
| 235 | instructors, or nurses is subject to the retirement contribution | 
| 236 | required by subparagraph 7. Reemployment of a retired member as | 
| 237 | a substitute teacher, substitute residential instructor, or | 
| 238 | substitute nurse is limited to 780 hours during the first 12 | 
| 239 | months of his or her retirement. Any retired member reemployed | 
| 240 | for more than 780 hours during the first 12 months of retirement | 
| 241 | shall give timely notice in writing to the employer and to the | 
| 242 | division of the date he or she will exceed the limitation. The | 
| 243 | division shall suspend his or her retirement benefits for the | 
| 244 | remainder of the first 12 months of retirement. Any person | 
| 245 | employed in violation of this subparagraph and any employing | 
| 246 | agency which knowingly employs or appoints such person without | 
| 247 | notifying the Division of Retirement to suspend retirement | 
| 248 | benefits shall be jointly and severally liable for reimbursement | 
| 249 | to the retirement trust fund of any benefits paid during the | 
| 250 | reemployment limitation period. To avoid liability, such | 
| 251 | employing agency shall have a written statement from the retiree | 
| 252 | that he or she is not retired from a state-administered | 
| 253 | retirement system. Any retirement benefits received by a retired | 
| 254 | member while reemployed in excess of 780 hours during the first | 
| 255 | 12 months of retirement shall be repaid to the Retirement System | 
| 256 | Trust Fund, and his or her retirement benefits shall remain | 
| 257 | suspended until payment is made. Benefits suspended beyond the | 
| 258 | end of the retired member's first 12 months of retirement shall | 
| 259 | apply toward repayment of benefits received in violation of the | 
| 260 | 780-hour reemployment limitation. | 
| 261 | 7.  The employment by an employer of any retiree or DROP | 
| 262 | participant of any state-administered retirement system shall | 
| 263 | have no effect on the average final compensation or years of | 
| 264 | creditable service of the retiree or DROP participant. Prior to | 
| 265 | July 1, 1991, upon employment of any person, other than an | 
| 266 | elected officer as provided in s. 121.053, who has been retired | 
| 267 | under any state-administered retirement program, the employer | 
| 268 | shall pay retirement contributions in an amount equal to the | 
| 269 | unfunded actuarial liability portion of the employer | 
| 270 | contribution which would be required for regular members of the | 
| 271 | Florida Retirement System. Effective July 1, 1991, contributions | 
| 272 | shall be made as provided in s. 121.122 for retirees with | 
| 273 | renewed membership or subsection (13) with respect to DROP | 
| 274 | participants. | 
| 275 | 8.  Any person who has previously retired and who is | 
| 276 | holding an elective public office or an appointment to an | 
| 277 | elective public office eligible for the Elected Officers' Class | 
| 278 | on or after July 1, 1990, shall be enrolled in the Florida | 
| 279 | Retirement System as provided in s. 121.053(1)(b) or, if holding | 
| 280 | an elective public office that does not qualify for the Elected | 
| 281 | Officers' Class on or after July 1, 1991, shall be enrolled in | 
| 282 | the Florida Retirement System as provided in s. 121.122, and | 
| 283 | shall continue to receive retirement benefits as well as | 
| 284 | compensation for the elected officer's service for as long as he | 
| 285 | or she remains in elective office. However, any retired member | 
| 286 | who served in an elective office prior to July 1, 1990, | 
| 287 | suspended his or her retirement benefit, and had his or her | 
| 288 | Florida Retirement System membership reinstated shall, upon | 
| 289 | retirement from such office, have his or her retirement benefit | 
| 290 | recalculated to include the additional service and compensation | 
| 291 | earned. | 
| 292 | 9.  Any person who is holding an elective public office | 
| 293 | which is covered by the Florida Retirement System and who is | 
| 294 | concurrently employed in nonelected covered employment may elect | 
| 295 | to retire while continuing employment in the elective public | 
| 296 | office, provided that he or she shall be required to terminate | 
| 297 | his or her nonelected covered employment. Any person who | 
| 298 | exercises this election shall receive his or her retirement | 
| 299 | benefits in addition to the compensation of the elective office | 
| 300 | without regard to the time limitations otherwise provided in | 
| 301 | this subsection. No person who seeks to exercise the provisions | 
| 302 | of this subparagraph, as the same existed prior to May 3, 1984, | 
| 303 | shall be deemed to be retired under those provisions, unless | 
| 304 | such person is eligible to retire under the provisions of this | 
| 305 | subparagraph, as amended by chapter 84-11, Laws of Florida. | 
| 306 | 10.  The limitations of this paragraph apply to | 
| 307 | reemployment in any capacity with an "employer" as defined in s. | 
| 308 | 121.021(10), irrespective of the category of funds from which | 
| 309 | the person is compensated. | 
| 310 | 11.  Except as provided in subparagraph 12., an employing | 
| 311 | agency may reemploy a retired member as a firefighter or | 
| 312 | paramedic after the retired member has been retired for 1 | 
| 313 | calendar month, in accordance with s. 121.021(39). Any retired | 
| 314 | member who is reemployed within 1 calendar month after | 
| 315 | retirement shall void his or her application for retirement | 
| 316 | benefits. The employing agency reemploying such firefighter or | 
| 317 | paramedic is subject to the retirement retiredcontribution | 
| 318 | required in subparagraph 7. 8.Reemployment of a retired | 
| 319 | firefighter or paramedic is limited to no more than 780 hours | 
| 320 | during the first 12 months of his or her retirement. Any retired | 
| 321 | member reemployed for more than 780 hours during the first 12 | 
| 322 | months of retirement shall give timely notice in writing to the | 
| 323 | employer and to the division of the date he or she will exceed | 
| 324 | the limitation. The division shall suspend his or her retirement | 
| 325 | benefits for the remainder of the first 12 months of retirement. | 
| 326 | Any person employed in violation of this subparagraph and any | 
| 327 | employing agency which knowingly employs or appoints such person | 
| 328 | without notifying the Division of Retirement to suspend | 
| 329 | retirement benefits shall be jointly and severally liable for | 
| 330 | reimbursement to the Retirement System Trust Fund of any | 
| 331 | benefits paid during the reemployment limitation period. To | 
| 332 | avoid liability, such employing agency shall have a written | 
| 333 | statement from the retiree that he or she is not retired from a | 
| 334 | state-administered retirement system. Any retirement benefits | 
| 335 | received by a retired member while reemployed in excess of 780 | 
| 336 | hours during the first 12 months of retirement shall be repaid | 
| 337 | to the Retirement System Trust Fund, and retirement benefits | 
| 338 | shall remain suspended until repayment is made. Benefits | 
| 339 | suspended beyond the end of the retired member's first 12 months | 
| 340 | of retirement shall apply toward repayment of benefits received | 
| 341 | in violation of the 780-hour reemployment limitation. | 
| 342 | 12.  An employing agency may reemploy a retired member who | 
| 343 | retired under the disability provisions of subparagraph (4)(b)2. | 
| 344 | as a law enforcement officer, firefighter, correctional officer, | 
| 345 | emergency medical technician, paramedic, or community-based | 
| 346 | correctional probation officer after the retired member has been | 
| 347 | retired for 1 calendar month, in accordance with s. 121.021(39). | 
| 348 | Such retired member may not be reemployed with any employer in | 
| 349 | the position he or she held at the time of the disabling illness | 
| 350 | or injury. Any retired member who is reemployed within 1 | 
| 351 | calendar month after retirement shall void his or her | 
| 352 | application for retirement benefits. The employing agency | 
| 353 | reemploying such a member is subject to the retirement | 
| 354 | contribution required in subparagraph 7. | 
| 355 | (c)  The provisions of this subsection apply to retirees, | 
| 356 | as defined in s. 121.4501(2)(j), of the Public Employee Optional | 
| 357 | Retirement Program created in part II, subject to the following | 
| 358 | conditions: | 
| 359 | 1.  Such retirees may not be reemployed with an employer | 
| 360 | participating in the Florida Retirement System as provided in | 
| 361 | paragraph (b) until such person has been retired for 3 calendar | 
| 362 | months, unless the participant has reached the normal retirement | 
| 363 | requirements of the defined benefit plan as provided in s. | 
| 364 | 121.021(29). | 
| 365 | 2.  Such retiree employed in violation of this subsection | 
| 366 | and any employing agency that knowingly employs or appoints such | 
| 367 | person shall be jointly and severally liable for reimbursement | 
| 368 | of any benefits paid to the retirement trust fund from which the | 
| 369 | benefits were paid, including the Retirement System Trust Fund | 
| 370 | and the Public Employee Optional Retirement Program Trust Fund, | 
| 371 | as appropriate. To avoid liability, such employing agency must | 
| 372 | have a written statement from the retiree that he or she is not | 
| 373 | retired from a state-administered retirement system. | 
| 374 | Section 4.  Effective July 1, 2007, in order to fund the | 
| 375 | benefit improvements provided in s. 121.091, Florida Statutes, | 
| 376 | as amended by this act, the contribution rate that applies to | 
| 377 | the Special Risk Class of the defined benefit program of the | 
| 378 | Florida Retirement System shall be increased by 0.31 percentage | 
| 379 | points. This increase shall be in addition to all other changes | 
| 380 | to such contribution rates which may be enacted into law to take | 
| 381 | effect on that date. The Division of Statutory Revision is | 
| 382 | directed to adjust accordingly the contribution rates set forth | 
| 383 | in s. 121.71, Florida Statutes. | 
| 384 | Section 5.  This act shall take effect July 1, 2007. |