House Bill hb0341c1

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    Florida House of Representatives - 2001              CS/HB 341

        By the Committee on State Administration and
    Representatives Attkisson, Fiorentino and Byrd





  1                      A bill to be entitled

  2         An act relating to disability retirement for

  3         certain Special Risk Class members who are

  4         injured in the line of duty; creating the

  5         "Officer Malcolm Thompson Act"; providing

  6         legislative intent; amending s. 121.091, F.S.;

  7         revising provisions relating to benefits

  8         payable for total and permanent disability for

  9         certain Special Risk Class members of the

10         Florida Retirement System who are injured in

11         the line of duty; amending ss. 175.191 and

12         185.18, F.S.; providing minimum retirement

13         benefits payable to certain Special Risk Class

14         members who are injured in the line of duty and

15         who are totally and permanently disabled due to

16         such injury; providing an effective date.

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

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

21  "Officer Malcolm Thompson Act."

22         Section 2.  It is hereby declared by the Legislature

23  that firefighters, paramedics, emergency medical technicians,

24  and police officers, as hereinafter defined, perform state and

25  municipal functions; that it is their duty to protect life and

26  property at their own risk and peril; that it is their duty to

27  continuously instruct school personnel, public officials, and

28  private citizens about safety; and that their activities are

29  vital to the public safety.  Therefore, the Legislature

30  declares that it is a proper and legitimate state purpose to

31  provide a uniform retirement system for the benefit of

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    Florida House of Representatives - 2001              CS/HB 341

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  1  firefighters, paramedics, emergency medical technicians, and

  2  police officers as hereinafter defined and intends, in

  3  implementing the provisions of Section 14, Article X of the

  4  State Constitution as they relate to municipal and special

  5  district pension trust fund systems and plans, that such

  6  retirement systems or plans be managed, administered,

  7  operated, and funded in such manner as to maximize the

  8  protection of pension trust funds.  Pursuant to Section 18,

  9  Article VII of the State Constitution, the Legislature hereby

10  determines and declares that the provisions of this act

11  fulfill an important state interest.

12         Section 3.  Paragraph (b) of subsection (4) of section

13  121.091, Florida Statutes, is amended to read:

14         121.091  Benefits payable under the system.--Benefits

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

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

17  begun participation in the Deferred Retirement Option Program

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

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

20  department may cancel an application for retirement benefits

21  when the member or beneficiary fails to timely provide the

22  information and documents required by this chapter and the

23  department's rules. The department shall adopt rules

24  establishing procedures for application for retirement

25  benefits and for the cancellation of such application when the

26  required information or documents are not received.

27         (4)  DISABILITY RETIREMENT BENEFIT.--

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

29  considered totally and permanently disabled if, in the opinion

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

31  medically determinable physical or mental impairment, from

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    Florida House of Representatives - 2001              CS/HB 341

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  1  rendering useful and efficient service as an officer or

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

  3  defined in s. 943.10(1), (2), or (3); a firefighter as defined

  4  in s. 633.30(1); an emergency medical technician as defined in

  5  s. 401.23(11); or a paramedic as defined in s. 401.23(17) who

  6  is catastrophically injured as defined in s. 440.02(37) in the

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

  8  be considered totally and permanently disabled and unable to

  9  render useful and efficient service as an officer, unless the

10  administrator can provide documented competent medical

11  evidence that the officer is able to render useful and

12  efficient service as an officer. For purposes of this

13  subsection, the term "officer" includes police officers,

14  correctional officers, correctional probation officers,

15  firefighters, emergency medical technicians, and paramedics.

16         Section 4.  Subsection (5) of section 175.191, Florida

17  Statutes, is amended to read:

18         175.191  Disability retirement.--For any municipality,

19  special fire control district, chapter plan, local law

20  municipality, local law special fire control district, or

21  local law plan under this chapter:

22         (5)  The benefit payable to a firefighter who retires

23  from the service of a municipality or special fire control

24  district due to total and permanent disability as a direct

25  result of a disability is the monthly income payable for 10

26  years certain and life for which, if the firefighter's

27  disability occurred in the line of duty, his or her monthly

28  benefit shall be the accrued retirement benefit, but shall not

29  be less than 42 percent of his or her average monthly salary

30  at the time of disability.  If after 10 years of service the

31  disability is other than in the line of duty, the

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    Florida House of Representatives - 2001              CS/HB 341

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  1  firefighter's monthly benefit shall be the accrued normal

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

  3  his or her average monthly salary at the time of disability.

  4  Notwithstanding any provision to the contrary, the monthly

  5  retirement benefit payable to a firefighter, emergency medical

  6  technician, or paramedic who retires from service due to total

  7  and permanent disability as a result of a catastrophic injury

  8  as defined in s. 440.02(37) where such injury is a result of a

  9  felonious act of another shall be the accrued retirement

10  benefit but shall not be less than 80 percent of his or her

11  average monthly salary at the time of disability.

12         Section 5.  Subsection (5) of section 185.18, Florida

13  Statutes, is amended to read:

14         185.18  Disability retirement.--For any municipality,

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

16  this chapter:

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

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

19  permanent disability as a result of a disability is the

20  monthly income payable for 10 years certain and life for

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

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

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

24  his or her average monthly compensation as of the police

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

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

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

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

29  his or her average monthly compensation as of the police

30  officer's disability retirement date. Notwithstanding any

31  provision to the contrary, the monthly retiremenet benefit

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    Florida House of Representatives - 2001              CS/HB 341

    688-176-01






  1  payable to a police officer who retires from service due to

  2  total and permanent disability as a result of a catastrophic

  3  injury as defined in s. 440.02(37) where such injury is a

  4  result of a felonious act of another shall be the accrued

  5  retirement benefit but shall not be less than 80 percent of

  6  the officer's average monthly compensation as of the officer's

  7  disability retirement date.

  8         Section 6.  This act shall take effect upon becoming a

  9  law.

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