House Bill 1103

CODING: Words stricken are deletions; words underlined are additions.







    Florida House of Representatives - 2000                HB 1103

        By Representatives Putnam and Dockery






  1                      A bill to be entitled

  2         An act relating to the Florida Retirement

  3         System; directing the Division of Retirement of

  4         the Department of Management Services to

  5         identify and locate specified members of the

  6         Florida Retirement System who have received

  7         in-line-of-duty disability benefits or

  8         in-line-of-duty death benefits; providing for

  9         the reimbursement of such members for income

10         taxes paid in error on such benefits prior to a

11         specified date; authorizing the division to

12         adopt rules; providing an effective date.

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14         WHEREAS, prior to 1996, members of the Florida

15  Retirement System who received in-line-of-duty disability

16  benefits or in-line-of-duty death benefits paid federal income

17  taxes on such benefits, and

18         WHEREAS, in 1996, the Division of Retirement of the

19  Florida Department of Management Services requested and

20  received an Internal Revenue Service Letter Ruling regarding

21  the tax status of in-line-of-duty disability benefits and

22  in-line-of-duty death benefits, and

23         WHEREAS, the Internal Revenue Service ruled that such

24  benefits are considered "in the nature of a Workers'

25  Compensation Act under Section 1.104-1(b) of the Regulations

26  (IRS)" and are excludable from gross income; therefore, such

27  distributions are not considered taxable income, and

28         WHEREAS, upon receipt of the Letter Ruling from the

29  Internal Revenue Service, the Division of Retirement ceased

30  withholding tax on monthly benefit checks to which the ruling

31  applied, and

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 1103

    584-145-00






  1         WHEREAS, recipients of in-line-of-duty disability

  2  benefits and in-line-of-duty death benefits under the Florida

  3  Retirement System were notified by the Division of Retirement

  4  that they may be eligible for a refund from the Internal

  5  Revenue Service of taxes paid on such benefits for certain

  6  prior years and were advised to file for a refund of such

  7  taxes, and

  8         WHEREAS, a claim for a refund filed with the Internal

  9  Revenue Service is generally valid if it is filed either

10  within 3 years after the tax return for that year was filed,

11  or within 2 years after the tax for that year was paid, and

12         WHEREAS, because the ruling from the Internal Revenue

13  Service and subsequent notification to affected Florida

14  Retirement System members occurred in 1996, members who had

15  erroneously paid taxes prior to 1994 were precluded from

16  seeking or obtaining a refund under the time limits for

17  asserting a claim for refund set by the Internal Revenue

18  Service, NOW, THEREFORE,

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

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22         Section 1.  The Division of Retirement of the

23  Department of Management Services is directed to identify and

24  locate those members of the Florida Retirement System who paid

25  federal income taxes on specified in-line-of-duty disability

26  benefits or in-line-of-duty death benefits prior to 1994, and

27  to reimburse such members for any taxes erroneously paid and

28  not refunded by the Internal Revenue Service from funds of the

29  Florida Retirement System.  The Division of Retirement is

30  authorized to adopt rules pursuant to ss. 120.536(1) and

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 1103

    584-145-00






  1  120.54, Florida Statutes, to implement the provisions of this

  2  act.

  3         Section 2.  This act shall take effect upon becoming a

  4  law.

  5

  6            *****************************************

  7                          HOUSE SUMMARY

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      Directs the Division of Retirement of the Department of
  9    Management Services to identify and locate specified
      members of the Florida Retirement System who have
10    received in-line-of-duty disability benefits or
      in-line-of-duty death benefits. Provides for the
11    reimbursement of such members for income taxes paid in
      error on such benefits prior to 1994.
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