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
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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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