Florida Senate - 2015                       CS for CS for SB 136
       
       
        
       By the Committees on Community Affairs; and Governmental
       Oversight and Accountability; and Senators Hays, Latvala, and
       Soto
       
       
       
       578-01928-15                                           2015136c2
    1                        A bill to be entitled                      
    2         An act relating to public officers and employees;
    3         amending ss. 112.19 and 112.191, F.S.; specifying
    4         eligibility of a death benefit payment to the
    5         surviving spouse, child, or joint annuitant of a law
    6         enforcement officer, correctional officer,
    7         correctional probation officer, or firefighter
    8         employed by a state agency; providing that benefits
    9         are paid by the State Risk Management Trust Fund;
   10         specifying the method of charging the costs of benefit
   11         payments against the state agency or state university;
   12         specifying the timeframe and frequency of benefit
   13         payments; requiring the Department of Management
   14         Services and the employing state agency or state
   15         university to coordinate with and provide necessary
   16         information to the Division of Risk Management of the
   17         Department of Financial Services; authorizing the
   18         Department of Financial Services to adopt certain
   19         rules; specifying applicability; providing for
   20         construction; authorizing specified political
   21         subdivisions to offer a death benefit; reenacting s.
   22         185.21, F.S., relating to municipal police pensions,
   23         to incorporate the amendment made to s. 112.19, F.S.;
   24         reenacting s. 175.201, F.S., relating to firefighter
   25         pensions, to incorporate the amendment made to s.
   26         112.191, F.S.; providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Subsection (4) of section 112.19, Florida
   31  Statutes, is amended, present subsection (6) of that section is
   32  redesignated as subsection (8), and a new subsection (6) and
   33  subsection (7) are added to that section, to read:
   34         112.19 Law enforcement, correctional, and correctional
   35  probation officers; death benefits.—
   36         (4)(a) The employer of such law enforcement, correctional,
   37  or correctional probation officer is liable for the payment of
   38  the sums specified in subsection (2) this section and is deemed
   39  self-insured, unless it procures and maintains, or has already
   40  procured and maintained, insurance to secure such payments. Any
   41  such insurance may cover only the risks indicated in subsection
   42  (2) this section, in the amounts indicated in subsection (2)
   43  this section, or it may cover those risks and additional risks
   44  and may be in larger amounts. Any such insurance shall be placed
   45  by such employer only after public bid of such insurance
   46  coverage which coverage shall be awarded to the carrier making
   47  the lowest best bid.
   48         (b) Payment of benefits to beneficiaries of state
   49  employees, or of the premiums to cover the risk, under
   50  subsection (2) the provisions of this section shall be paid from
   51  existing funds otherwise appropriated to the department
   52  employing the law enforcement, correctional, or correctional
   53  probation officers.
   54         (6)(a) If payments relating to a law enforcement,
   55  correctional, or correctional probation officer employed by a
   56  state agency are made pursuant to subsection (2), the following
   57  additional benefits shall be paid:
   58         1. The surviving spouse shall receive a payment equal to 50
   59  percent of the monthly salary received by the law enforcement,
   60  correctional, or correctional probation officer at the time of
   61  death for the lesser of the surviving spouse’s lifetime or 300
   62  months.
   63         2. If the surviving spouse of the law enforcement,
   64  correctional, or correctional probation officer dies before
   65  receiving 300 monthly payments, the monthly payment that would
   66  have been payable to the surviving spouse had the spouse lived
   67  shall be paid for the use and benefit of the child or children
   68  of the law enforcement, correctional, or correctional probation
   69  officer until the later of:
   70         a. The 21st birthday of the youngest child of the law
   71  enforcement, correctional, or correctional probation officer.
   72         b. The 25th birthday of any child of the law enforcement,
   73  correctional, or correctional probation officer as long as the
   74  child is enrolled for a minimum of 12 credit hours per semester
   75  or academic term at an eligible educational institution, as
   76  defined in s. 1009.97(3).
   77         c. The day a law enforcement, correctional, or correctional
   78  probation officer’s surviving child who has been physically
   79  disabled or mentally disabled and who has been incapable of
   80  self-support is no longer disabled. The Department of Management
   81  Services may require proof of disability or continued disability
   82  in the same manner as is provided for a person seeking or
   83  receiving a disability retirement benefit under s. 121.091(4).
   84         3. If the law enforcement, correctional, or correctional
   85  probation officer does not have a surviving spouse but is
   86  survived by a child or children younger than 25 years of age,
   87  the benefits payable to a surviving spouse under subparagraph 1.
   88  shall be paid for the use and benefit of the child or children
   89  of the law enforcement, correctional, or correctional probation
   90  officer under the same terms and conditions provided in
   91  subparagraph 2.
   92         4. If a law enforcement, correctional, or correctional
   93  probation officer does not have a surviving spouse or surviving
   94  child but is survived by a joint annuitant receiving benefits
   95  under chapter 121, the benefits payable to a surviving spouse
   96  under subparagraph 1. shall be paid for the use and benefit of
   97  the joint annuitant, as defined in s. 121.021, of the law
   98  enforcement, correctional, or correctional probation officer for
   99  the same time period as the joint annuitant receives benefits
  100  under chapter 121, not to exceed 300 months.
  101         (b) The benefits under this subsection shall be paid by the
  102  State Risk Management Trust Fund through a separate account
  103  maintained by the trust fund within the Department of Financial
  104  Services. Benefits paid pursuant to this subsection are not
  105  insurance benefits but are considered insurance benefit payments
  106  on behalf of state agencies and state universities covered by
  107  the trust fund for the purpose of calculating the annual funding
  108  needed for all benefit costs. After the first year that benefits
  109  are paid from the trust fund, the costs of the benefit payments,
  110  including any legal or other costs related to the administration
  111  of benefits, are retroactively charged as premium assessments
  112  against covered state agencies and state universities in the
  113  same manner as such state agencies and state universities are
  114  charged for workers’ compensation insurance coverage under
  115  chapter 284. Benefit payments are payable in monthly
  116  installments and must commence 60 days after the Department of
  117  Management Services has notified the Division of Risk Management
  118  of the death of a law enforcement, correctional, or correctional
  119  probation officer and the names and addresses of surviving
  120  beneficiaries and their relationship to the decedent. The
  121  Department of Management Services and the state agency or state
  122  university employing the decedent shall coordinate with the
  123  Division of Risk Management in determining the entitlement of
  124  surviving family members to benefits and may provide any
  125  information necessary to the division to assist in ensuring that
  126  qualified surviving family members receive benefits under this
  127  subsection in a timely manner. The Department of Financial
  128  Services may adopt rules as authorized under s. 284.39 for the
  129  proper management and maintenance of the trust fund, including
  130  rules regarding the administration of benefits authorized by
  131  this subsection.
  132         (c) The benefits under this subsection are in addition to
  133  all other benefits authorized under this section, chapter 121,
  134  or chapter 440.
  135         (d) The benefits apply only to the surviving beneficiaries
  136  of law enforcement, correctional, and correctional probation
  137  officers killed on or after July 1, 2015.
  138         (7) This section does not limit the authority of a
  139  municipality or a charter county to provide death benefits to
  140  its employees or their beneficiaries pursuant to its
  141  constitutional home rule powers. Any other political subdivision
  142  of the state may offer, at its expense, death benefits to law
  143  enforcement, correctional, or correctional probation officers
  144  employed by the political subdivision which do not exceed
  145  benefits payable pursuant to subsection (6).
  146         Section 2. Subsection (4) of section 112.191, Florida
  147  Statutes, is amended, present subsection (5) of that section is
  148  redesignated as subsection (7), and a new subsection (5) and
  149  subsection (6) are added to that section, to read:
  150         112.191 Firefighters; death benefits.—
  151         (4)(a) The employer of such firefighter shall be liable for
  152  the payment of said sums specified in subsection (2) this
  153  section and shall be deemed self-insured, unless it procures and
  154  maintains, or has already procured and maintained, insurance to
  155  secure such payments. Any such insurance may cover only the
  156  risks indicated in subsection (2) this section, in the amounts
  157  indicated in subsection (2) this section, or it may cover those
  158  risks and additional risks and may be in larger amounts. Any
  159  such insurance shall be placed by such employer only after
  160  public bid of such insurance coverage which coverage shall be
  161  awarded to the carrier making the lowest best bid.
  162         (b) Payment of benefits to beneficiaries of state
  163  employees, or of the premiums to cover the risk, under
  164  subsection (2) the provisions of this section, shall be paid
  165  from existing funds otherwise appropriated for the department.
  166         (5)(a) If payments relating to a firefighter employed by a
  167  state agency are made pursuant to subsection (2), the following
  168  additional benefits shall be paid:
  169         1. The surviving spouse shall receive a payment equal to 50
  170  percent of the monthly salary received by the firefighter at the
  171  time of death for the lesser of the surviving spouse’s lifetime
  172  or 300 months.
  173         2. If the surviving spouse of the firefighter dies before
  174  receiving 300 monthly payments, the payment that would have been
  175  payable to the surviving spouse had the spouse lived shall be
  176  paid for the use and benefit of the child or children of the
  177  firefighter until the later of:
  178         a. The 21st birthday of the youngest child of the
  179  firefighter.
  180         b. The 25th birthday of any child of the firefighter as
  181  long as such child is enrolled for a minimum of 12 credit hours
  182  per semester or academic term at an eligible educational
  183  institution, as defined in s. 1009.97(3).
  184         c. The day a firefighter’s surviving child who has been
  185  physically disabled or mentally disabled child and who has been
  186  incapable of self-support is no longer disabled. The Department
  187  of Management Services may require proof of disability or
  188  continued disability in the same manner as is provided for a
  189  person seeking or receiving a disability retirement benefit
  190  under s. 121.091(4).
  191         3. If the firefighter does not have a surviving spouse but
  192  is survived by a child or children younger than 25 years of age,
  193  the benefits payable to a surviving spouse under subparagraph 1.
  194  shall be paid for the use and benefit of the child or children
  195  of the firefighter under the same terms and conditions provided
  196  in subparagraph 2.
  197         4. If a firefighter does not have a surviving spouse or
  198  surviving child but is survived by a joint annuitant receiving
  199  benefits under chapter 121, the benefits payable to a surviving
  200  spouse under subparagraph 1. shall be paid for the use and
  201  benefit of the joint annuitant, as defined in s. 121.021, of the
  202  firefighter for the same time period as the joint annuitant
  203  receives benefits under chapter 121, not to exceed 300 months.
  204         (b) The benefits under this subsection shall be paid by the
  205  State Risk Management Trust Fund through a separate account
  206  maintained by the trust fund within the Department of Financial
  207  Services. Benefits paid pursuant to this subsection are not
  208  insurance benefits but are considered insurance benefit payments
  209  on behalf of state agencies and state universities covered by
  210  the trust fund for the purpose of calculating the annual funding
  211  needed for all benefit costs. After the first year that benefits
  212  are paid from the trust fund, the costs of the benefit payments,
  213  including any legal or other costs related to the administration
  214  of benefits, are retroactively charged as premium assessments
  215  against covered state agencies and state universities in the
  216  same manner as such state agencies and state universities are
  217  charged for workers’ compensation insurance coverage under
  218  chapter 284. Benefit payments are payable in monthly
  219  installments and must commence 60 days after the Department of
  220  Management Services has notified the Division of Risk Management
  221  of the death of a firefighter and the names and addresses of
  222  surviving beneficiaries and their relationship to the decedent.
  223  The Department of Management Services and the state agency or
  224  state university employing the decedent shall coordinate with
  225  the Division of Risk Management in determining the entitlement
  226  of surviving family members to benefits and may provide any
  227  information necessary to the division to assist in ensuring that
  228  qualified surviving family members receive benefits under this
  229  subsection in a timely manner. The Department of Financial
  230  Services may adopt rules as authorized under s. 284.39 for the
  231  proper management and maintenance of the trust fund, including
  232  rules regarding the administration of benefits authorized by
  233  this subsection.
  234         (c) The benefits under this subsection are in addition to
  235  all other benefits authorized under this section, chapter 121,
  236  or chapter 440.
  237         (d) The benefits apply only to the surviving beneficiaries
  238  of firefighters killed on or after July 1, 2015.
  239         (6) This section does not limit the authority of a
  240  municipality or a charter county to provide death benefits to
  241  its employees or their beneficiaries pursuant to its
  242  constitutional home rule powers. Any other political subdivision
  243  of the state may offer, at its expense, death benefits to
  244  firefighters employed by the political subdivision which do not
  245  exceed benefits payable pursuant to subsection (5).
  246         Section 3. For the purpose of incorporating the amendment
  247  made by this act to section 112.19, Florida Statutes, in a
  248  reference thereto, Section 185.21, Florida Statutes, is
  249  reenacted to read:
  250         185.21 Death prior to retirement; refunds of contributions
  251  or payment of death benefits.—For any municipality, chapter
  252  plan, local law municipality, or local law plan under this
  253  chapter:
  254         (1) If a police officer dies before being eligible to
  255  retire, the heirs, legatees, beneficiaries, or personal
  256  representatives of such deceased police officer shall be
  257  entitled to a refund of 100 percent, without interest, of the
  258  contributions made to the municipal police officers’ retirement
  259  trust fund by such deceased police officer or, in the event an
  260  annuity or life insurance contract has been purchased by the
  261  board on such police officer, then to the death benefits
  262  available under such life insurance or annuity contract, subject
  263  to the limitations on such death benefits set forth in s.
  264  185.061 whichever amount is greater.
  265         (2) If a police officer having at least 10 years of
  266  credited service dies prior to retirement, his or her
  267  beneficiary is entitled to the benefits otherwise payable to the
  268  police officer at early or normal retirement age.
  269  
  270  In the event that a death benefit paid by a life insurance
  271  company exceeds the limit set forth in s. 185.061(6), the excess
  272  of the death benefit over the limit shall be paid to the
  273  municipal police officers’ retirement trust fund. However, death
  274  benefits as provided pursuant to s. 112.19 or any other state or
  275  federal law shall not be included in the calculation of death or
  276  retirement benefits provided under this chapter.
  277         Section 4. For the purpose of incorporating the amendment
  278  made by this act to section 112.191, Florida Statutes, in a
  279  reference thereto, Section 175.201, Florida Statutes, is
  280  reenacted to read:
  281         175.201 Death prior to retirement; refunds of
  282  contributions; death benefits.—For any municipality, special
  283  fire control district, chapter plan, local law municipality,
  284  local law special fire control district, or local law plan under
  285  this chapter:
  286         (1) If a firefighter dies before being eligible to retire,
  287  the heirs, legatees, beneficiaries, or personal representatives
  288  of such deceased firefighter shall be entitled to a refund of
  289  100 percent, without interest, of the contributions made to the
  290  firefighters’ pension trust fund by such deceased firefighter
  291  or, in the event an annuity or life insurance contract has been
  292  purchased by the board of trustees on such firefighter, then to
  293  the death benefits available under such life insurance or
  294  annuity contract subject to the limitations on such death
  295  benefits set forth in s. 175.081, whichever amount is greater.
  296         (2) If a firefighter having at least 10 years of credited
  297  service dies prior to retirement, his or her beneficiary is
  298  entitled to the benefits otherwise payable to the firefighter at
  299  early or normal retirement age.
  300  
  301  In the event that the death benefit paid by a life insurance
  302  company exceeds the limit set forth in s. 175.081, the excess of
  303  the death benefit over the limit shall be paid to the
  304  firefighters’ pension trust fund. However, death benefits
  305  provided pursuant to s. 112.191 or any other state or federal
  306  law shall not be included in the calculation of death or
  307  retirement benefits provided under this chapter.
  308         Section 5. This act shall take effect July 1, 2015.