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





                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Pruitt offered the following:

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13         Amendment (with title amendment) 

14         On page 78, between lines 5 and 6

15

16  insert:

17         Section 30.  Effective July 1, 2001, paragraph (a) of

18  subsection (4) of section 121.091, Florida Statutes, is

19  amended to read:

20         121.091  Benefits payable under the system.--Benefits

21  may not be paid under this section unless the member has

22  terminated employment as provided in s. 121.021(39)(a) or

23  begun participation in the Deferred Retirement Option Program

24  as provided in subsection (13), and a proper application has

25  been filed in the manner prescribed by the department. The

26  department may cancel an application for retirement benefits

27  when the member or beneficiary fails to timely provide the

28  information and documents required by this chapter and the

29  department's rules. The department shall adopt rules

30  establishing procedures for application for retirement

31  benefits and for the cancellation of such application when the

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    File original & 9 copies    04/25/00
    hap0008                     09:16 pm         02393-0081-361553




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)





 1  required information or documents are not received.

 2         (4)  DISABILITY RETIREMENT BENEFIT.--

 3         (a)  Disability retirement; entitlement and effective

 4  date.--

 5         1.a.  A member who becomes totally and permanently

 6  disabled, as defined in paragraph (b), after completing 5

 7  years of creditable service, or a member who becomes totally

 8  and permanently disabled in the line of duty regardless of

 9  service, shall be entitled to a monthly disability benefit;

10  except that any member with less than 5 years of creditable

11  service on July 1, 1980, or any person who becomes a member of

12  the Florida Retirement System on or after such date must have

13  completed 10 years of creditable service prior to becoming

14  totally and permanently disabled in order to receive

15  disability retirement benefits for any disability which occurs

16  other than in the line of duty. However, if a member employed

17  on July 1, 1980, with less than 5 years of creditable service

18  as of that date, becomes totally and permanently disabled

19  after completing 5 years of creditable service and is found

20  not to have attained fully insured status for benefits under

21  the federal Social Security Act, such member shall be entitled

22  to a monthly disability benefit.

23         b.  Effective July 1, 2001, a member of the defined

24  benefit retirement program who becomes totally and permanently

25  disabled, as defined in paragraph (b), after completing 8

26  years of creditable service, or a member who becomes totally

27  and permanently disabled in the line of duty regardless of

28  service, shall be entitled to a monthly disability benefit.

29         2.  If the division has received from the employer the

30  required documentation of the member's termination of

31  employment, the effective retirement date for a member who

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    File original & 9 copies    04/25/00
    hap0008                     09:16 pm         02393-0081-361553




                                                   HOUSE AMENDMENT

                                                  Bill No. HB 2393

    Amendment No.     (for drafter's use only)





 1  applies and is approved for disability retirement shall be

 2  established by rule of the division.

 3         3.  For a member who is receiving Workers' Compensation

 4  payments, the effective disability retirement date may not

 5  precede the date the member reaches Maximum Medical

 6  Improvement (MMI), unless the member terminates employment

 7  prior to reaching MMI.

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10  ================ T I T L E   A M E N D M E N T ===============

11  And the title is amended as follows:

12         On page 2, line 11, after the semicolon

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14  insert:

15         amending s. 121.091, F.S.; reducing the service

16         time required to qualify for disability

17         benefits to 8 years;

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    File original & 9 copies    04/25/00
    hap0008                     09:16 pm         02393-0081-361553