ENROLLED 2019 Legislature CS for CS for SB 426, 1st Engrossed 2019426er 1 2 An act relating to firefighters; creating s. 112.1816, 3 F.S.; providing definitions; granting certain benefits 4 to a firefighter upon receiving a diagnosis of cancer 5 if certain conditions are met; requiring an employer 6 to make certain disability payments to a firefighter 7 in the event of a total and permanent disability; 8 providing for death benefits to a firefighter’s 9 beneficiary if a firefighter dies as a result of 10 cancer or cancer treatments; specifying that any costs 11 associated with benefits granted by the act must be 12 borne by the employer; specifying that an employer may 13 not increase employee contributions to fund the 14 benefits granted by this act; requiring the Division 15 of State Fire Marshal to adopt certain rules; amending 16 s. 121.735, F.S.; adjusting the allocation of funds to 17 provide line-of-duty death benefits for members in the 18 investment plan of the Florida Retirement System; 19 directing the Division of Law Revision to adjust the 20 employer contribution rates for the Special Risk Class 21 and DROP in the Florida Retirement System; providing a 22 declaration of important state interest; providing an 23 effective date. 24 25 Be It Enacted by the Legislature of the State of Florida: 26 27 Section 1. Section 112.1816, Florida Statutes, is created 28 to read: 29 112.1816 Firefighters; cancer diagnosis.— 30 (1) As used in this section, the term: 31 (a) “Cancer” includes: 32 1. Bladder cancer. 33 2. Brain cancer. 34 3. Breast cancer. 35 4. Cervical cancer. 36 5. Colon cancer. 37 6. Esophageal cancer. 38 7. Invasive skin cancer. 39 8. Kidney cancer. 40 9. Large intestinal cancer. 41 10. Lung cancer. 42 11. Malignant melanoma. 43 12. Mesothelioma. 44 13. Multiple myeloma. 45 14. Non-Hodgkin’s lymphoma. 46 15. Oral cavity and pharynx cancer. 47 16. Ovarian cancer. 48 17. Prostate cancer. 49 18. Rectal cancer. 50 19. Stomach cancer. 51 20. Testicular cancer. 52 21. Thyroid cancer. 53 (b) “Employer” has the same meaning as in s. 112.191. 54 (c) “Firefighter” means an individual employed as a full 55 time firefighter within the fire department or public safety 56 department of an employer whose primary responsibilities are the 57 prevention and extinguishing of fires; the protection of life 58 and property; and the enforcement of municipal, county, and 59 state fire prevention codes and laws pertaining to the 60 prevention and control of fires. 61 (2) Upon a diagnosis of cancer, a firefighter is entitled 62 to the following benefits, as an alternative to pursuing 63 workers’ compensation benefits under chapter 440, if the 64 firefighter has been employed by his or her employer for at 65 least 5 continuous years, has not used tobacco products for at 66 least the preceding 5 years, and has not been employed in any 67 other position in the preceding 5 years which is proven to 68 create a higher risk for any cancer: 69 (a) Cancer treatment covered within an employer-sponsored 70 health plan or through a group health insurance trust fund. The 71 employer must timely reimburse the firefighter for any out-of 72 pocket deductible, copayment, or coinsurance costs incurred due 73 to the treatment of cancer. 74 (b) A one-time cash payout of $25,000, upon the 75 firefighter’s initial diagnosis of cancer. 76 77 If the firefighter elects to continue coverage in the employer 78 sponsored health plan or group health insurance trust fund after 79 he or she terminates employment, the benefits specified in 80 paragraphs (a) and (b) must be made available by the former 81 employer of a firefighter for 10 years following the date on 82 which the firefighter terminates employment so long as the 83 firefighter otherwise met the criteria specified in this 84 subsection when he or she terminated employment and was not 85 subsequently employed as a firefighter following that date. For 86 purposes of determining leave time and employee retention 87 policies, the employer must consider a firefighter’s cancer 88 diagnosis as an injury or illness incurred in the line of duty. 89 (3)(a) If the firefighter participates in an employer 90 sponsored retirement plan, the retirement plan must consider the 91 firefighter totally and permanently disabled in the line of duty 92 if he or she meets the retirement plan’s definition of totally 93 and permanently disabled due to the diagnosis of cancer or 94 circumstances that arise out of the treatment of cancer. 95 (b) If the firefighter does not participate in an employer 96 sponsored retirement plan, the employer must provide a 97 disability retirement plan that provides the firefighter with at 98 least 42 percent of his or her annual salary, at no cost to the 99 firefighter, until the firefighter’s death, as coverage for 100 total and permanent disabilities attributable to the diagnosis 101 of cancer which arise out of the treatment of cancer. 102 (4)(a) If the firefighter participated in an employer 103 sponsored retirement plan, the retirement plan must consider the 104 firefighter to have died in the line of duty if he or she dies 105 as a result of cancer or circumstances that arise out of the 106 treatment of cancer. 107 (b) If the firefighter did not participate in an employer 108 sponsored retirement plan, the employer must provide a death 109 benefit to the firefighter’s beneficiary, at no cost to the 110 firefighter or his or her beneficiary, totaling at least 42 111 percent of the firefighter’s most recent annual salary for at 112 least 10 years following the firefighter’s death as a result of 113 cancer or circumstances that arise out of the treatment of 114 cancer. 115 (c) Firefighters who die as a result of cancer or 116 circumstances that arise out of the treatment of cancer are 117 considered to have died in the manner as described in s. 118 112.191(2)(a), and all of the benefits arising out of such death 119 are available to the deceased firefighter’s beneficiary. 120 (5)(a) The costs to provide the reimbursements and lump sum 121 payments under subsection (2) and the costs to provide 122 disability retirement benefits under paragraph (3)(b) and the 123 line-of-duty death benefits under paragraph (4)(b) must be borne 124 solely by the employer. 125 (b) The employer or employers participating in a retirement 126 plan or system are solely responsible for the payment of the 127 contributions necessary to fund the increased actuarial costs 128 associated with the implementation of the presumptions under 129 paragraphs (3)(a) and (4)(a), respectively, that cancer has, or 130 the circumstances that arise out of the treatment of cancer 131 have, either rendered the firefighter totally and permanently 132 disabled or resulted in the death of the firefighter in the line 133 of duty. 134 (c) An employer may not increase employee contributions 135 required to participate in a retirement plan or system to fund 136 the costs associated with enhanced benefits provided in 137 subsections (3) and (4). 138 (6) The Division of State Fire Marshal within the 139 Department of Financial Services shall adopt rules to establish 140 employer cancer prevention best practices as it relates to 141 personal protective equipment, decontamination, fire suppression 142 apparatus, and fire stations. 143 Section 2. Subsection (3) of section 121.735, Florida 144 Statutes, is amended to read: 145 121.735 Allocations for member line-of-duty death benefits; 146 percentage amounts.— 147 (3)
Effective July 1, 2017,Allocations from the Florida 148 Retirement System Contributions Clearing Trust Fund to provide 149 line-of-duty death benefits for members in the investment plan 150 and to offset the costs of administering said coverage, are as 151 follows: 152 153 154 Membership Class Percentage of Gross Compensation 155 Regular Class 0.05% 156 Special Risk Class 1.21% 1.15%157 Special Risk Administrative Support Class 0.03% 158 Elected Officers’ Class— Legislators, Governor, Lt. Governor, Cabinet Officers, State Attorneys, Public Defenders 0.15% 159 Elected Officers’ Class— Justices, Judges 0.09% 160 Elected Officers’ Class— County Elected Officers 0.20% 161 Senior Management Service Class 0.05% 162 Section 3. (1) In order to fund the benefit changes 163 provided by this act to the Florida Retirement System, the 164 required employer contribution rates for the members of the 165 Florida Retirement System are increased as follows: 166 (a) By 0.08 percentage point for the rate established in s. 167 121.71(4), Florida Statutes, for the Special Risk Class. 168 (b) By 0.01 percentage point for the rate established in s. 169 121.71(5), Florida Statutes, for the Special Risk Class. 170 (c) By 0.02 percentage point for the rate established in s. 171 121.71(5), Florida Statutes, for DROP. 172 (2) The adjustments provided in subsection (1) are in 173 addition to any other changes to such contribution rates which 174 may be enacted into law to take effect on July 1, 2019. The 175 Division of Law Revision is directed to adjust accordingly the 176 contribution rates provided in s. 121.71, Florida Statutes. 177 Section 4. The Legislature determines and declares that 178 this act fulfills an important state interest. 179 Section 5. This act shall take effect July 1, 2019.