Florida Senate - 2023                                    SB 1452
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       40-01260B-23                                          20231452__
    1                        A bill to be entitled                      
    2         An act relating to survivor benefits; amending s.
    3         121.091, F.S.; requiring the benefits of a Florida
    4         Retirement System member killed in the line of duty to
    5         be paid to the member’s parents, if certain conditions
    6         exist; declaring that the act fulfills an important
    7         state interest; providing an effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Paragraphs (d) and (i) of subsection (7) of
   12  section 121.091, Florida Statutes, are amended to read:
   13         121.091 Benefits payable under the system.—Benefits may not
   14  be paid under this section unless the member has terminated
   15  employment as provided in s. 121.021(39)(a) or begun
   16  participation in the Deferred Retirement Option Program as
   17  provided in subsection (13), and a proper application has been
   18  filed in the manner prescribed by the department. The department
   19  may cancel an application for retirement benefits when the
   20  member or beneficiary fails to timely provide the information
   21  and documents required by this chapter and the department’s
   22  rules. The department shall adopt rules establishing procedures
   23  for application for retirement benefits and for the cancellation
   24  of such application when the required information or documents
   25  are not received.
   26         (7) DEATH BENEFITS.—
   27         (d) Notwithstanding any other provision in this chapter to
   28  the contrary, with the exception of the Deferred Retirement
   29  Option Program, as provided in subsection (13):
   30         1. The surviving spouse of any member killed in the line of
   31  duty may receive a monthly pension equal to one-half of the
   32  monthly salary being received by the member at the time of death
   33  for the rest of the surviving spouse’s lifetime or, if the
   34  member was vested, such surviving spouse may elect to receive a
   35  benefit as provided in paragraph (b). Benefits provided by this
   36  paragraph shall supersede any other distribution that may have
   37  been provided by the member’s designation of beneficiary.
   38         2. If the surviving spouse of a member killed in the line
   39  of duty dies, the monthly payments that would have been payable
   40  to such surviving spouse had such surviving spouse lived shall
   41  be paid for the use and benefit of such member’s child or
   42  children under 18 years of age and unmarried until the 18th
   43  birthday of the member’s youngest child. Beginning July 1, 2016,
   44  such payments may be extended, for the surviving child of a
   45  member in the Special Risk Class at the time he or she was
   46  killed in the line of duty on or after July 1, 2013, until the
   47  25th birthday of any child of the member if the child is
   48  unmarried and enrolled as a full-time student. Beginning July 1,
   49  2017, such payments may be extended, for the surviving child of
   50  a member in the Special Risk Class at the time he or she was
   51  killed in the line of duty on or after July 1, 2002, until the
   52  25th birthday of any child of the member if the child is
   53  unmarried and enrolled as a full-time student.
   54         3. If a member killed in the line of duty leaves no
   55  surviving spouse but is survived by a child or children under 18
   56  years of age, the benefits provided by subparagraph 1., normally
   57  payable to a surviving spouse, shall be paid for the use and
   58  benefit of such member’s child or children under 18 years of age
   59  and unmarried until the 18th birthday of the member’s youngest
   60  child. Beginning July 1, 2016, such monthly payments may be
   61  extended, for the surviving child of a member in the Special
   62  Risk Class at the time he or she was killed in the line of duty
   63  on or after July 1, 2013, until the 25th birthday of any child
   64  of the member if the child is unmarried and enrolled as a full
   65  time student. Beginning July 1, 2017, such monthly payments may
   66  be extended, for the surviving child of a member in the Special
   67  Risk Class at the time he or she was killed in the line of duty
   68  on or after July 1, 2002, until the 25th birthday of any child
   69  of the member if the child is unmarried and enrolled as a full
   70  time student.
   71         4. The surviving spouse of a member whose benefit
   72  terminated because of remarriage shall have the benefit
   73  reinstated beginning July 1, 1993, at an amount that would have
   74  been payable had the benefit not been terminated.
   75         5.Beginning July 1, 2023, if a member killed in the line
   76  of duty leaves no surviving spouse and leaves no unmarried child
   77  or children under 18 years of age, or under 25 years of age if
   78  the child is unmarried and enrolled as a full-time student, the
   79  benefits provided pursuant to subparagraph 1. must be paid for
   80  the use and benefit of such member’s surviving parent or parents
   81  in equal shares until the death of both parents or for 10 years,
   82  whichever occurs first. For the purposes of this subparagraph,
   83  the term “parent” means a member’s biological or adoptive
   84  parent.
   85         (i) Notwithstanding any provision in this chapter to the
   86  contrary, if a member in the Special Risk Class, other than a
   87  participant in the Deferred Retirement Option Program under
   88  subsection (13), is killed in the line of duty on or after July
   89  1, 2002, the following benefits are payable in addition to the
   90  benefits provided in paragraph (d):
   91         1. The surviving spouse may receive a monthly pension equal
   92  to one-half of the monthly salary being received by the member
   93  at the time of the member’s death for the rest of the surviving
   94  spouse’s lifetime or, if the member was vested, such surviving
   95  spouse may elect to receive a benefit as provided in paragraph
   96  (b). Benefits provided by this paragraph supersede any other
   97  distribution that may have been provided by the member’s
   98  designation of beneficiary.
   99         2. If the surviving spouse dies, the monthly payments that
  100  otherwise would have been payable to such surviving spouse shall
  101  be paid for the use and benefit of the member’s child or
  102  children under 18 years of age and unmarried until the 18th
  103  birthday of the member’s youngest child. Such monthly payments
  104  may be extended until the 25th birthday of the member’s child if
  105  the child is unmarried and enrolled as a full-time student.
  106         3. If the member leaves no surviving spouse but is survived
  107  by a child or children under 18 years of age, the benefits
  108  provided by subparagraph 1., normally payable to a surviving
  109  spouse, shall be paid for the use and benefit of such member’s
  110  child or children under 18 years of age and unmarried until the
  111  18th birthday of the member’s youngest child. Such monthly
  112  payments may be extended until the 25th birthday of any of the
  113  member’s children if the child is unmarried and enrolled as a
  114  full-time student.
  115         4.Beginning July 1, 2023, if a member killed in the line
  116  of duty leaves no surviving spouse and leaves no unmarried child
  117  or children under 18 years of age, or under 25 years of age if
  118  the child is unmarried and enrolled as a full-time student, the
  119  benefits provided pursuant to subparagraph 1. must be paid for
  120  the use and benefit of such member’s surviving parent or parents
  121  in equal shares until the death of both parents or for 10 years,
  122  whichever occurs first. For purposes of this subparagraph, the
  123  term “parent” means a member’s biological or adoptive parent.
  124         Section 2. The Legislature finds that a proper and
  125  legitimate state purpose is served when employees and retirees
  126  of the state and of its political subdivisions, and the
  127  dependents, survivors, and beneficiaries of such employees and
  128  retirees, are extended the basic protections afforded by
  129  governmental retirement systems that provide fair and adequate
  130  benefits that are managed, administered, and funded in an
  131  actuarially sound manner, as required by s. 14, Article X of the
  132  State Constitution and part VII of chapter 112, Florida
  133  Statutes. Therefore, the Legislature determines and declares
  134  that this act fulfills an important state interest.
  135         Section 3. This act shall take effect July 1, 2023.