SENATE AMENDMENT

    Bill No. CS/CS/CS/HB 3075, 1st Eng.

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
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11  Senator Myers moved the following amendment:

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13         Senate Amendment 

14         On page 106, line 24, through

15            page 109, line 31, delete those lines

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17  and insert:

18         (1)  With respect to chapter plans:

19         (a)  A police officer having 10 or more years of

20  credited service, or a police officer who becomes totally and

21  permanently disabled in the line of duty, regardless of length

22  of service, and having contributed to the municipal police

23  officers' retirement trust fund for 10 years or more may

24  retire from the service of the city under the plan if, prior

25  to the police officer's normal retirement date, he or she

26  becomes totally and permanently disabled as defined in

27  paragraph (b) subsection (2) by reason of any cause other than

28  a cause set out in paragraph (c) subsection (3) on or after

29  the effective date of the plan.  Such retirement shall herein

30  be referred to as disability retirement. The provisions for

31  disability other than line-of-duty disability shall not apply

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/CS/HB 3075, 1st Eng.

    Amendment No.    





 1  to a member who has reached early or normal retirement age.

 2         (b)(2)  A police officer will be considered totally

 3  disabled if, in the opinion of the board of trustees, he or

 4  she is wholly prevented from rendering useful and efficient

 5  service as a police officer; and a police officer will be

 6  considered permanently disabled if, in the opinion of the

 7  board of trustees, such police officer is likely to remain so

 8  disabled continuously and permanently from a cause other than

 9  as specified in paragraph (c) subsection (3).

10         (c)(3)  A police officer will not be entitled to

11  receive any disability retirement income if the disability is

12  a result of:

13         1.(a)  Excessive and habitual use by the police officer

14  of drugs, intoxicants or narcotics;

15         2.(b)  Injury or disease sustained by the police

16  officer while willfully and illegally participating in fights,

17  riots, civil insurrections or while committing a crime;

18         3.(c)  Injury or disease sustained by the police

19  officer while serving in any armed forces;

20         4.(d)  Injury or disease sustained by the police

21  officer after employment has terminated;

22         5.(e)  Injury or disease sustained by the police

23  officer while working for anyone other than the city and

24  arising out of such employment.

25         (d)(4)  No police officer shall be permitted to retire

26  under the provisions of this section until examined by a duly

27  qualified physician or surgeon, to be selected by the board of

28  trustees for that purpose, and is found to be disabled in the

29  degree and in the manner specified in this section.  Any

30  police officer retiring under this section may shall be

31  examined periodically by a duly qualified physician or surgeon

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/CS/HB 3075, 1st Eng.

    Amendment No.    





 1  or board of physicians and surgeons to be selected by the

 2  board of trustees for that purpose, to determine if such

 3  disability has ceased to exist.

 4         (e)(5)  The benefit payable to a police officer who

 5  retires from the service of the city with a total and

 6  permanent disability as a result of a disability commencing

 7  prior to the police officer's normal retirement date is the

 8  monthly income payable for 10 years certain and life for

 9  which, if the police officer's disability occurred in the line

10  of duty, his or her monthly benefit shall be the accrued

11  retirement benefit, but shall not be less than 42 percent of

12  his or her average monthly compensation as of the police

13  officer's disability retirement date.  If after 10 years of

14  service the disability is other than in the line of duty, the

15  police officer's monthly benefit shall be the accrued normal

16  retirement benefit, but shall not be less than 25 percent of

17  his or her average monthly compensation as of the police

18  officer's disability retirement date.

19         (f)(6)(a)  The monthly retirement income to which a

20  police officer is entitled in the event of his or her

21  disability retirement shall be payable on the first day of the

22  first month after the board of trustees determines such

23  entitlement.  However, the monthly retirement income shall be

24  payable as of the date the board determines such entitlement,

25  and any portion due for a partial month shall be paid together

26  with the first payment.

27         (b)  The last payment will be,:

28         1.  if the police officer recovers from the disability

29  prior to his or her normal retirement date, the payment due

30  next preceding the date of such recovery, or,

31         2.  if the police officer dies without recovering from

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                                                  SENATE AMENDMENT

    Bill No. CS/CS/CS/HB 3075, 1st Eng.

    Amendment No.    





 1  his or her disability or attains his or her normal retirement

 2  date while still disabled, the payment due next preceding

 3  death or the 120th monthly payment, whichever is later. In

 4  lieu of the benefit payment as provided in this subsection, a

 5  police officer may select an optional form as provided in s.

 6  185.161.

 7         (c)  Any monthly retirement income payments due after

 8  the death of a disabled police officer shall be paid to the

 9  police officer's designated beneficiary (or beneficiaries) as

10  provided in ss. 185.162 and 185.21.

11         (g)(7)  If the board of trustees finds that a police

12  officer who is receiving a disability retirement income is, at

13  any time prior to the police officer's normal retirement date,

14  no longer disabled, as provided herein, the board of trustees

15  shall direct that the disability retirement income be

16  discontinued.  Recovery from disability as used herein shall

17  mean the ability of the police officer to render useful and

18  efficient service as a police officer.

19         (h)(8)  If the police officer recovers from disability

20  and reenters the service of the city as a police officer, his

21  or her service will be deemed to have been continuous, but the

22  period beginning with the first month for which the police

23  officer received a disability retirement income payment and

24  ending with the date he or she reentered the service of the

25  city may will not be considered as credited service for the

26  purposes of the plan.

27         (2)  With respect to a local law plan, the plan shall

28  provide a disability benefit for its police officers, or for

29  its police officers and firefighters where included, and their

30  beneficiaries.

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