Senate Bill 0036

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    Florida Senate - 1999        (NP)                        SB 36

    By Senator Dyer





    14-65-99

  1                      A bill to be entitled

  2         An act for the relief of Lois Hild, as widow of

  3         Fred E. Hild and beneficiary of his estate;

  4         providing an appropriation for the purpose of

  5         paying Lois Hild the retirement benefits to

  6         which she would have been entitled as surviving

  7         spouse of Fred E. Hild had Fred E. Hild

  8         selected a specified retirement option upon his

  9         retirement under the Florida Retirement System;

10         providing an effective date.

11

12         WHEREAS, Fred E. Hild was an administrator at Valencia

13  Community College, a state junior college in the Orlando area,

14  and

15         WHEREAS, Fred E. Hild worked at Valencia Community

16  College for 28 years in a number of positions, including

17  assistant provost and dean of the west campus, and

18         WHEREAS, in October 1995, Fred E. Hild suffered a

19  stroke, and

20         WHEREAS, after being discharged from the hospital, Fred

21  E. Hild continued to receive rehabilitative therapies as an

22  outpatient at home, but was left with permanent disabilities,

23  including problems with his eyesight and short-term memory

24  loss, and

25         WHEREAS, because Fred E. Hild's stroke was sudden and

26  unanticipated, no arrangements had been made at Valencia

27  Community College for a transition to a successor for the post

28  which Fred E. Hild held at the time of his stroke, and

29         WHEREAS, in April 1996, Fred E. Hild agreed to return

30  to work at Valencia Community College to provide a transition

31  for the successor to his duties, and

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    Florida Senate - 1999        (NP)                        SB 36
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  1         WHEREAS, Fred E. Hild worked on a part-time basis until

  2  June 1, 1996, and then full time from June 1996 to August 1996

  3  when he formally retired, and

  4         WHEREAS, upon returning to work at Valencia Community

  5  College and as his retirement date approached, Fred E. Hild

  6  was given an election form on which he was to select one of

  7  the four options for the payment of his retirement benefits

  8  under the Florida Retirement System, and

  9         WHEREAS, in accordance with Rule 60S-4.010(9), Florida

10  Administrative Code, a member of the Florida Retirement System

11  must indicate on the election form whether he or she is

12  married or not and, if he or she is married, his or her spouse

13  must sign the form acknowledging that the member has elected

14  either Option 1 or Option 2, and

15         WHEREAS, unfortunately in the case of Fred E. Hild and

16  his wife, Lois Hild, this acknowledgement by the spouse does

17  not provide that the spouse have actual knowledge of which of

18  these two options the member has selected, and

19         WHEREAS, Fred E. Hild presented his wife, Lois Hild,

20  with the form for the election of retirement options, and Lois

21  Hild signed the form in the space indicated on the form, and

22         WHEREAS, the Hilds apparently believed that, because

23  Mr. Hild's signature had to be notarized but Mrs. Hild's

24  signature did not have to be notarized, it was necessary for

25  Mr. Hild to check the box indicating the selection of his

26  retirement option in the presence of the notary, and

27         WHEREAS, therefore, at the time Lois Hild signed the

28  retirement option selection form, the rest of the form was

29  blank, and

30         WHEREAS, prior to signing the retirement option

31  selection form, Fred E. Hild had discussed with his wife, Lois

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    Florida Senate - 1999        (NP)                        SB 36
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  1  Hild, the fact that he would be selecting Option 2 under the

  2  Florida Retirement System, an option which provides for 120

  3  equal monthly benefits to a surviving designated beneficiary

  4  of the member in the event of the member's death, and

  5         WHEREAS, however, when Fred E. Hild presented the

  6  retirement option selection form to the personnel office of

  7  Valencia Community College, he had checked Option 1 on the

  8  form instead of Option 2, and

  9         WHEREAS, Option 1 under the Florida Retirement System

10  provides for the payment of retirement benefits during the

11  life of the member, with no continuing payments to the spouse

12  of the member after the member's death, and

13         WHEREAS, individuals in the Valencia Community College

14  personnel office were concerned that Fred E. Hild was confused

15  during much of the time they discussed his retirement with

16  him, and

17         WHEREAS, on one occasion, Vickie Nelson, the assistant

18  in the personnel office with whom Fred E. Hild most frequently

19  dealt concerning his retirement, went to the Provost's

20  secretary, Dixie Borden, to raise her concerns that Fred E.

21  Hild did not fully understand what he was being told about his

22  retirement, and

23         WHEREAS, unfortunately, no one at Valencia Community

24  College ever relayed these concerns to Lois Hild or mentioned

25  to her that her husband, Fred E. Hild, had elected Option 1,

26  an obviously poor choice given Fred E. Hild's poor state of

27  health, and

28         WHEREAS, a number of people, including Fred E. Hild's

29  physician, attest to Mr. Hild's confused state and the other

30  facts set forth herein, and

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    Florida Senate - 1999        (NP)                        SB 36
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  1         WHEREAS, Fred E. Hild died in September 1997, having

  2  received his Option 1 retirement payments under the Florida

  3  Retirement System from August 1996 until his death, and

  4         WHEREAS, Fred E. Hild's selection of Option 1 under the

  5  Florida Retirement System was not intended and was the product

  6  of his lack of capacity, NOW, THEREFORE,

  7

  8  Be It Enacted by the Legislature of the State of Florida:

  9

10         Section 1.  The facts stated in the preamble to this

11  act are found and declared to be true.

12         Section 2.  The Executive Office of the Governor is

13  directed to transfer existing spending authority or establish

14  spending authority from the General Revenue Fund in the State

15  Treasury in an amount equal to a monthly retirement benefit of

16  $1,692.72, plus an annual cost of living allowance, to be paid

17  for a period of 106 months, which would have been due Lois

18  Hild, as surviving spouse of Fred E. Hild, had Fred E. Hild

19  selected Option 2 upon his retirement under the Florida

20  Retirement System.

21         Section 3.  The Comptroller is directed to draw his

22  warrant in favor of Lois Hild in an amount equal to a monthly

23  retirement benefit of $1,692.72, plus an annual cost of living

24  allowance, to be paid for a period of 106 months, which would

25  have been due Lois Hild, as surviving spouse of Fred E. Hild,

26  had Fred E. Hild selected Option 1 upon his retirement under

27  the Florida Retirement System.

28         Section 4.  This act shall take effect July 1, 1999.

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    Florida Senate - 1999        (NP)                        SB 36
    14-65-99




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Provides for the relief of Lois Hild, widow of Fred E.
  4    Hild. Provides an appropriation for the purpose of paying
      Lois Hild the retirement benefits to which she would have
  5    been entitled as surviving spouse of Fred E. Hild had
      Fred E. Hild selected a specified retirement option upon
  6    his retirement under the Florida Retirement System.

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