House Bill hb0341

    Florida House of Representatives - 2001                 HB 341

        By Representative Attkisson






  1                      A bill to be entitled

  2         An act relating to disability retirement;

  3         creating the "Officer Malcolm Thompson Act";

  4         amending s. 121.091, F.S.; revising a provision

  5         of law governing benefits payable for total and

  6         permanent disability for certain Special Risk

  7         Class members of the Florida Retirement System

  8         who are injured in the line of duty; amending

  9         s. 185.18, F.S.; providing a minimum retirement

10         benefit payable to certain police officers who

11         are injured in the line of duty and who are

12         totally and permanently disabled due to such

13         injury; providing an effective date.

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

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17         Section 1.  Short title.--This act may be cited as the

18  "Officer Malcolm Thompson Act."

19         Section 2.  Paragraph (b) of subsection (4) of section

20  121.091, Florida Statutes, is amended to read:

21         121.091  Benefits payable under the system.--Benefits

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

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

24  begun participation in the Deferred Retirement Option Program

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

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

27  department may cancel an application for retirement benefits

28  when the member or beneficiary fails to timely provide the

29  information and documents required by this chapter and the

30  department's rules. The department shall adopt rules

31  establishing procedures for application for retirement

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    Florida House of Representatives - 2001                 HB 341

    743-101A-01






  1  benefits and for the cancellation of such application when the

  2  required information or documents are not received.

  3         (4)  DISABILITY RETIREMENT BENEFIT.--

  4         (b)  Total and permanent disability.--A member shall be

  5  considered totally and permanently disabled if, in the opinion

  6  of the administrator, he or she is prevented, by reason of a

  7  medically determinable physical or mental impairment, from

  8  rendering useful and efficient service as an officer or

  9  employee. A Special Risk Class member who is an officer as

10  defined in s. 943.10(1), (2), or (3) who is injured in the

11  line of duty as a result of a felonious act of another shall

12  be considered totally and permanently disabled and unable to

13  render useful and efficient service as an officer if such

14  injury is catastrophic as defined in s. 440.02(37).

15         Section 3.  Subsection (5) of section 185.18, Florida

16  Statutes, is amended to read:

17         185.18  Disability retirement.--For any municipality,

18  chapter plan, local law municipality, or local law plan under

19  this chapter:

20         (5)  The benefit payable to a police officer who

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

22  permanent disability as a result of a disability is the

23  monthly income payable for 10 years certain and life for

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

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

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

27  his or her average monthly compensation as of the police

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

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

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

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

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    Florida House of Representatives - 2001                 HB 341

    743-101A-01






  1  his or her average monthly compensation as of the police

  2  officer's disability retirement date. Any other provision of

  3  law to the contrary notwithstanding, if a police officer is

  4  injured as a result of a felonious act of another and such

  5  injury is catastrophic as defined in s. 440.02(37), the

  6  officer shall be considered totally and permanently disabled

  7  and unable to render useful and efficient service as a police

  8  officer. Such officer shall be retired, and the monthly

  9  retirement benefit shall be the accrued retirement benefit but

10  shall be not less than 80 percent of the officer's average

11  monthly compensation as of the officer's disability retirement

12  date.

13         Section 4.  This act shall take effect upon becoming a

14  law.

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16            *****************************************

17                          HOUSE SUMMARY

18
      Creates the "Officer Malcolm Thompson Act" to provide
19    that certain Special Risk Class members of the Florida
      Retirement System who sustain a catastrophic injury in
20    the line of duty as a result of the felonious acts of
      another shall be considered totally and permanently
21    disabled and unable to render useful and efficient
      service as an officer. Provides for a minimum retirement
22    benefit for police officers who are injured in the line
      of duty under municipal police pension plans. See bill
23    for details.

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