HB 57

1
A bill to be entitled
2An act relating to retirement; providing a short title;
3providing legislative intent; providing a statement of
4important state interest; amending s. 121.091, F.S.;
5revising provisions relating to benefits payable for total
6and permanent disability for certain Special Risk Class
7members of the Florida Retirement System who are injured
8in the line of duty; deleting a provision authorizing an
9employing agency to reemploy a retired member as a
10firefighter or paramedic after a specified period;
11amending ss. 175.191 and 185.18, F.S.; providing minimum
12retirement benefits payable to certain Special Risk Class
13members who are injured in the line of duty and who are
14totally and permanently disabled due to such injury;
15providing for contribution rate increases to fund benefits
16provided in s. 121.091, F.S., as amended; directing the
17Division of Statutory Revision to adjust contribution
18rates set forth in s. 121.71, F.S.; providing an effective
19date.
20
21Be It Enacted by the Legislature of the State of Florida:
22
23     Section 1.  This act may be cited as the "Officer Malcolm
24Thompson Act."
25     Section 2.  It is declared by the Legislature that
26firefighters, emergency medical technicians, paramedics, law
27enforcement officers, correctional officers, and correctional
28probation officers as defined in this act, sheriffs as defined
29in s. 30.072(5), Florida Statutes, deputy sheriffs as defined in
30s. 30.072(2), Florida Statutes, and highway patrol officers
31under chapter 321, Florida Statutes, perform state and municipal
32functions; that it is their duty to protect life and property at
33their own risk and peril; that it is their duty to continuously
34instruct school personnel, public officials, and private
35citizens about safety; and that their activities are vital to
36the public safety. Therefore, the Legislature declares that it
37is a proper and legitimate state purpose to provide a uniform
38retirement system for the benefit of firefighters, emergency
39medical technicians, paramedics, law enforcement officers,
40correctional officers, and correctional probation officers as
41defined in this act, sheriffs as defined in s. 30.072(5),
42Florida Statutes, deputy sheriffs as defined in s. 30.072(2),
43Florida Statutes, and highway patrol officers under chapter 321,
44Florida Statutes, and intends, in implementing the provisions of
45s. 14, Art. X of the State Constitution as they relate to
46municipal and special district pension trust fund systems and
47plans, that such retirement systems or plans be managed,
48administered, operated, and funded in such manner as to maximize
49the protection of pension trust funds. Pursuant to s. 18, Art.
50VII of the State Constitution, the Legislature hereby determines
51and declares that the provisions of this act fulfill an
52important state interest.
53     Section 3.  Paragraph (b) of subsection (4) and paragraph
54(b) of subsection (9) of section 121.091, Florida Statutes, are
55amended to read:
56     121.091  Benefits payable under the system.--Benefits may
57not be paid under this section unless the member has terminated
58employment as provided in s. 121.021(39)(a) or begun
59participation in the Deferred Retirement Option Program as
60provided in subsection (13), and a proper application has been
61filed in the manner prescribed by the department. The department
62may cancel an application for retirement benefits when the
63member or beneficiary fails to timely provide the information
64and documents required by this chapter and the department's
65rules. The department shall adopt rules establishing procedures
66for application for retirement benefits and for the cancellation
67of such application when the required information or documents
68are not received.
69     (4)  DISABILITY RETIREMENT BENEFIT.--
70     (b)  Total and permanent disability.--A member shall be
71considered totally and permanently disabled if, in the opinion
72of the administrator, he or she is prevented, by reason of a
73medically determinable physical or mental impairment, from
74rendering useful and efficient service as an officer or
75employee. A Special Risk Class member who is an officer as
76defined in s. 943.10(1), (2), or (3); a firefighter as defined
77in s. 633.30(1); an emergency medical technician as defined in
78s. 401.23(11); or a paramedic as defined in s. 401.23(17) who is
79catastrophically injured as defined in s. 440.02(38), Florida
80Statutes 2002, in the line of duty as a result of a felonious
81act of another shall be considered totally and permanently
82disabled and unable to render useful and efficient service as an
83officer, unless the administrator can provide documented
84competent medical evidence that the officer is able to render
85useful and efficient service as an officer. For purposes of this
86section, the term "officer" includes police officers,
87correctional officers, correctional probation officers, sheriffs
88as defined in s. 30.072(5), deputy sheriffs as defined in s.
8930.072(2), highway patrol officers under chapter 321,
90firefighters, emergency medical technicians, and paramedics.
91     (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--
92     (b)1.  Any person who is retired under this chapter, except
93under the disability retirement provisions of subsection (4),
94may be reemployed by any private or public employer after
95retirement and receive retirement benefits and compensation from
96his or her employer without any limitations, except that a
97person may not receive both a salary from reemployment with any
98agency participating in the Florida Retirement System and
99retirement benefits under this chapter for a period of 12 months
100immediately subsequent to the date of retirement. However, a
101DROP participant shall continue employment and receive a salary
102during the period of participation in the Deferred Retirement
103Option Program, as provided in subsection (13).
104     2.  Any person to whom the limitation in subparagraph 1.
105applies who violates such reemployment limitation and who is
106reemployed with any agency participating in the Florida
107Retirement System before completion of the 12-month limitation
108period shall give timely notice of this fact in writing to the
109employer and to the division and shall have his or her
110retirement benefits suspended for the balance of the 12-month
111limitation period. Any person employed in violation of this
112paragraph and any employing agency which knowingly employs or
113appoints such person without notifying the Division of
114Retirement to suspend retirement benefits shall be jointly and
115severally liable for reimbursement to the retirement trust fund
116of any benefits paid during the reemployment limitation period.
117To avoid liability, such employing agency shall have a written
118statement from the retiree that he or she is not retired from a
119state-administered retirement system. Any retirement benefits
120received while reemployed during this reemployment limitation
121period shall be repaid to the retirement trust fund, and
122retirement benefits shall remain suspended until such repayment
123has been made. Benefits suspended beyond the reemployment
124limitation shall apply toward repayment of benefits received in
125violation of the reemployment limitation.
126     3.  A district school board may reemploy a retired member
127as a substitute or hourly teacher, education paraprofessional,
128transportation assistant, bus driver, or food service worker on
129a noncontractual basis after he or she has been retired for 1
130calendar month, in accordance with s. 121.021(39). A district
131school board may reemploy a retired member as instructional
132personnel, as defined in s. 1012.01(2)(a), on an annual
133contractual basis after he or she has been retired for 1
134calendar month, in accordance with s. 121.021(39). Any other
135retired member who is reemployed within 1 calendar month after
136retirement shall void his or her application for retirement
137benefits. District school boards reemploying such teachers,
138education paraprofessionals, transportation assistants, bus
139drivers, or food service workers are subject to the retirement
140contribution required by subparagraph 7.
141     4.  A community college board of trustees may reemploy a
142retired member as an adjunct instructor, that is, an instructor
143who is noncontractual and part-time, or as a participant in a
144phased retirement program within the Florida Community College
145System, after he or she has been retired for 1 calendar month,
146in accordance with s. 121.021(39). Any retired member who is
147reemployed within 1 calendar month after retirement shall void
148his or her application for retirement benefits. Boards of
149trustees reemploying such instructors are subject to the
150retirement contribution required in subparagraph 7. A retired
151member may be reemployed as an adjunct instructor for no more
152than 780 hours during the first 12 months of retirement. Any
153retired member reemployed for more than 780 hours during the
154first 12 months of retirement shall give timely notice in
155writing to the employer and to the division of the date he or
156she will exceed the limitation. The division shall suspend his
157or her retirement benefits for the remainder of the first 12
158months of retirement. Any person employed in violation of this
159subparagraph and any employing agency which knowingly employs or
160appoints such person without notifying the Division of
161Retirement to suspend retirement benefits shall be jointly and
162severally liable for reimbursement to the retirement trust fund
163of any benefits paid during the reemployment limitation period.
164To avoid liability, such employing agency shall have a written
165statement from the retiree that he or she is not retired from a
166state-administered retirement system. Any retirement benefits
167received by a retired member while reemployed in excess of 780
168hours during the first 12 months of retirement shall be repaid
169to the Retirement System Trust Fund, and retirement benefits
170shall remain suspended until repayment is made. Benefits
171suspended beyond the end of the retired member's first 12 months
172of retirement shall apply toward repayment of benefits received
173in violation of the 780-hour reemployment limitation.
174     5.  The State University System may reemploy a retired
175member as an adjunct faculty member or as a participant in a
176phased retirement program within the State University System
177after the retired member has been retired for 1 calendar month,
178in accordance with s. 121.021(39). Any retired member who is
179reemployed within 1 calendar month after retirement shall void
180his or her application for retirement benefits. The State
181University System is subject to the retired contribution
182required in subparagraph 7., as appropriate. A retired member
183may be reemployed as an adjunct faculty member or a participant
184in a phased retirement program for no more than 780 hours during
185the first 12 months of his or her retirement. Any retired member
186reemployed for more than 780 hours during the first 12 months of
187retirement shall give timely notice in writing to the employer
188and to the division of the date he or she will exceed the
189limitation. The division shall suspend his or her retirement
190benefits for the remainder of the first 12 months of retirement.
191Any person employed in violation of this subparagraph and any
192employing agency which knowingly employs or appoints such person
193without notifying the Division of Retirement to suspend
194retirement benefits shall be jointly and severally liable for
195reimbursement to the retirement trust fund of any benefits paid
196during the reemployment limitation period. To avoid liability,
197such employing agency shall have a written statement from the
198retiree that he or she is not retired from a state-administered
199retirement system. Any retirement benefits received by a retired
200member while reemployed in excess of 780 hours during the first
20112 months of retirement shall be repaid to the Retirement System
202Trust Fund, and retirement benefits shall remain suspended until
203repayment is made. Benefits suspended beyond the end of the
204retired member's first 12 months of retirement shall apply
205toward repayment of benefits received in violation of the 780-
206hour reemployment limitation.
207     6.  The Board of Trustees of the Florida School for the
208Deaf and the Blind may reemploy a retired member as a substitute
209teacher, substitute residential instructor, or substitute nurse
210on a noncontractual basis after he or she has been retired for 1
211calendar month, in accordance with s. 121.021(39). Any retired
212member who is reemployed within 1 calendar month after
213retirement shall void his or her application for retirement
214benefits. The Board of Trustees of the Florida School for the
215Deaf and the Blind reemploying such teachers, residential
216instructors, or nurses is subject to the retirement contribution
217required by subparagraph 7. Reemployment of a retired member as
218a substitute teacher, substitute residential instructor, or
219substitute nurse is limited to 780 hours during the first 12
220months of his or her retirement. Any retired member reemployed
221for more than 780 hours during the first 12 months of retirement
222shall give timely notice in writing to the employer and to the
223division of the date he or she will exceed the limitation. The
224division shall suspend his or her retirement benefits for the
225remainder of the first 12 months of retirement. Any person
226employed in violation of this subparagraph and any employing
227agency which knowingly employs or appoints such person without
228notifying the Division of Retirement to suspend retirement
229benefits shall be jointly and severally liable for reimbursement
230to the retirement trust fund of any benefits paid during the
231reemployment limitation period. To avoid liability, such
232employing agency shall have a written statement from the retiree
233that he or she is not retired from a state-administered
234retirement system. Any retirement benefits received by a retired
235member while reemployed in excess of 780 hours during the first
23612 months of retirement shall be repaid to the Retirement System
237Trust Fund, and his or her retirement benefits shall remain
238suspended until payment is made. Benefits suspended beyond the
239end of the retired member's first 12 months of retirement shall
240apply toward repayment of benefits received in violation of the
241780-hour reemployment limitation.
242     7.  The employment by an employer of any retiree or DROP
243participant of any state-administered retirement system shall
244have no effect on the average final compensation or years of
245creditable service of the retiree or DROP participant. Prior to
246July 1, 1991, upon employment of any person, other than an
247elected officer as provided in s. 121.053, who has been retired
248under any state-administered retirement program, the employer
249shall pay retirement contributions in an amount equal to the
250unfunded actuarial liability portion of the employer
251contribution which would be required for regular members of the
252Florida Retirement System. Effective July 1, 1991, contributions
253shall be made as provided in s. 121.122 for retirees with
254renewed membership or subsection (13) with respect to DROP
255participants.
256     8.  Any person who has previously retired and who is
257holding an elective public office or an appointment to an
258elective public office eligible for the Elected Officers' Class
259on or after July 1, 1990, shall be enrolled in the Florida
260Retirement System as provided in s. 121.053(1)(b) or, if holding
261an elective public office that does not qualify for the Elected
262Officers' Class on or after July 1, 1991, shall be enrolled in
263the Florida Retirement System as provided in s. 121.122, and
264shall continue to receive retirement benefits as well as
265compensation for the elected officer's service for as long as he
266or she remains in elective office. However, any retired member
267who served in an elective office prior to July 1, 1990,
268suspended his or her retirement benefit, and had his or her
269Florida Retirement System membership reinstated shall, upon
270retirement from such office, have his or her retirement benefit
271recalculated to include the additional service and compensation
272earned.
273     9.  Any person who is holding an elective public office
274which is covered by the Florida Retirement System and who is
275concurrently employed in nonelected covered employment may elect
276to retire while continuing employment in the elective public
277office, provided that he or she shall be required to terminate
278his or her nonelected covered employment. Any person who
279exercises this election shall receive his or her retirement
280benefits in addition to the compensation of the elective office
281without regard to the time limitations otherwise provided in
282this subsection. No person who seeks to exercise the provisions
283of this subparagraph, as the same existed prior to May 3, 1984,
284shall be deemed to be retired under those provisions, unless
285such person is eligible to retire under the provisions of this
286subparagraph, as amended by chapter 84-11, Laws of Florida.
287     10.  The limitations of this paragraph apply to
288reemployment in any capacity with an "employer" as defined in s.
289121.021(10), irrespective of the category of funds from which
290the person is compensated.
291     11.  An employing agency may reemploy a retired member as a
292firefighter or paramedic after the retired member has been
293retired for 1 calendar month, in accordance with s. 121.021(39).
294Any retired member who is reemployed within 1 calendar month
295after retirement shall void his or her application for
296retirement benefits. The employing agency reemploying such
297firefighter or paramedic is subject to the retired contribution
298required in subparagraph 8. Reemployment of a retired
299firefighter or paramedic is limited to no more than 780 hours
300during the first 12 months of his or her retirement. Any retired
301member reemployed for more than 780 hours during the first 12
302months of retirement shall give timely notice in writing to the
303employer and to the division of the date he or she will exceed
304the limitation. The division shall suspend his or her retirement
305benefits for the remainder of the first 12 months of retirement.
306Any person employed in violation of this subparagraph and any
307employing agency which knowingly employs or appoints such person
308without notifying the Division of Retirement to suspend
309retirement benefits shall be jointly and severally liable for
310reimbursement to the Retirement System Trust Fund of any
311benefits paid during the reemployment limitation period. To
312avoid liability, such employing agency shall have a written
313statement from the retiree that he or she is not retired from a
314state-administered retirement system. Any retirement benefits
315received by a retired member while reemployed in excess of 780
316hours during the first 12 months of retirement shall be repaid
317to the Retirement System Trust Fund, and retirement benefits
318shall remain suspended until repayment is made. Benefits
319suspended beyond the end of the retired member's first 12 months
320of retirement shall apply toward repayment of benefits received
321in violation of the 780-hour reemployment limitation.
322     Section 4.  Subsection (5) of section 175.191, Florida
323Statutes, is amended to read:
324     175.191  Disability retirement.--For any municipality,
325special fire control district, chapter plan, local law
326municipality, local law special fire control district, or local
327law plan under this chapter:
328     (5)  The benefit payable to a firefighter who retires from
329the service of a municipality or special fire control district
330due to total and permanent disability as a direct result of a
331disability is the monthly income payable for 10 years certain
332and life for which, if the firefighter's disability occurred in
333the line of duty, his or her monthly benefit shall be the
334accrued retirement benefit, but shall not be less than 42
335percent of his or her average monthly salary at the time of
336disability. If after 10 years of service the disability is other
337than in the line of duty, the firefighter's monthly benefit
338shall be the accrued normal retirement benefit, but shall not be
339less than 25 percent of his or her average monthly salary at the
340time of disability. Notwithstanding any provision to the
341contrary, the monthly retirement benefit payable to a
342firefighter, emergency medical technician, or paramedic who
343retires from service due to total and permanent disability as a
344result of a catastrophic injury as defined in s. 440.02(38),
345Florida Statutes 2002, suffered in the line of duty where such
346injury is a result of a felonious act of another shall be the
347accrued retirement benefit but shall not be less than 80 percent
348of his or her average monthly salary at the time of disability.
349     Section 5.  Subsection (5) of section 185.18, Florida
350Statutes, is amended to read:
351     185.18  Disability retirement.--For any municipality,
352chapter plan, local law municipality, or local law plan under
353this chapter:
354     (5)  The benefit payable to a police officer who retires
355from the service of the city with a total and permanent
356disability as a result of a disability is the monthly income
357payable for 10 years certain and life for which, if the police
358officer's disability occurred in the line of duty, his or her
359monthly benefit shall be the accrued retirement benefit, but
360shall not be less than 42 percent of his or her average monthly
361compensation as of the police officer's disability retirement
362date. If after 10 years of service the disability is other than
363in the line of duty, the police officer's monthly benefit shall
364be the accrued normal retirement benefit, but shall not be less
365than 25 percent of his or her average monthly compensation as of
366the police officer's disability retirement date. Notwithstanding
367any provision to the contrary, the monthly retirement benefit
368payable to a police officer who retires from service due to
369total and permanent disability as a result of a catastrophic
370injury as defined in s. 440.02(38), Florida Statutes 2002,
371suffered in the line of duty where such injury is a result of a
372felonious act of another shall be the accrued retirement benefit
373but shall not be less than 80 percent of the officer's average
374monthly compensation as of the officer's disability retirement
375date.
376     Section 6.  Effective July 1, 2008, in order to fund the
377benefits provided in s. 121.091, Florida Statutes, as amended by
378this act, the contribution rate that applies to the Special Risk
379Class of the defined benefit program of the Florida Retirement
380System shall be increased by 0.02 percentage points. This
381increase shall be in addition to all other changes to such
382contribution rates which may be enacted into law to take effect
383on that date. The Division of Statutory Revision is directed to
384adjust accordingly the contribution rates set forth in s.
385121.71, Florida Statutes.
386     Section 7.  This act shall take effect July 1, 2008.


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