House Bill hb0649e2

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                                          HB 649, Second Engrossed



  1                      A bill to be entitled

  2         An act relating to law enforcement officers'

  3         disabilities; amending s. 121.053, F.S.;

  4         authorizing elected officers participating in

  5         DROP to terminate participation in DROP and

  6         enroll in a subclass of the Elected Officers'

  7         Class; amending s. 121.091, F.S.; increasing

  8         the time for participation in the Deferred

  9         Retirement Option Program for members of the

10         elected officers class of the Florida

11         Retirement System; providing that elected

12         officers are not subject to termination

13         limitations; amending s. 112.18, F.S.;

14         including county and municipal law enforcement

15         officers, correctional officers, and

16         correctional probation officers within special

17         provisions creating a presumption relating to

18         causes of certain disabilities; providing a

19         declaration of important state interest;

20         providing an effective date.

21

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

23

24         Section 1.  Paragraph (b) of subsection (1) of section

25  121.053, Florida Statutes, is amended to read:

26         121.053  Participation in the Elected Officers' Class

27  for retired members.--

28         (1)

29         (b)  Any retired member of the Florida Retirement

30  System, or any existing system as defined in s. 121.021(2),

31  who, on or after July 1, 1990, is serving in, or is elected or


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                                          HB 649, Second Engrossed



  1  appointed to, an elective office covered by the Elected

  2  Officers' Class shall be enrolled in the appropriate subclass

  3  of the Elected Officers' Class of the Florida Retirement

  4  System, and applicable contributions shall be paid into the

  5  Florida Retirement System Trust Fund as provided in s.

  6  121.052(7).  Pursuant thereto:

  7         1.  Any such retired member shall be eligible to

  8  continue to receive retirement benefits as well as

  9  compensation for the elected officer service for as long as he

10  or she remains in an elective office covered by the Elected

11  Officers' Class.

12         2.  If any such member serves in an elective office

13  covered by the Elected Officers' Class and becomes vested

14  under that class, he or she shall be entitled to receive an

15  additional retirement benefit for such elected officer

16  service.

17         3.  Such member shall be entitled to purchase

18  additional retirement credit in the Elected Officers' Class

19  for any postretirement service performed in an elected

20  position eligible for the Elected Officers' Class prior to

21  July 1, 1990, or in the Regular Class for any postretirement

22  service performed in any other regularly established position

23  prior to July 1, 1991, by paying the applicable Elected

24  Officers' Class or Regular Class employee and employer

25  contributions for the period being claimed, plus 4 percent

26  interest compounded annually from the first year of service

27  claimed until July 1, 1975, and 6.5 percent interest

28  compounded thereafter, until full payment is made to the

29  Florida Retirement System Trust Fund. The contribution for

30  postretirement Regular Class service between July 1, 1985, and

31  July 1, 1991, for which the reemployed retiree contribution


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                                          HB 649, Second Engrossed



  1  was paid, shall be the difference between such contribution

  2  and the total applicable contribution for the period being

  3  claimed, plus interest. The employer of such member may pay

  4  the applicable employer contribution in lieu of the member. If

  5  a member does not wish to claim credit for all of the

  6  postretirement service for which he or she is eligible, the

  7  service the member claims must be the most recent service.

  8         4.  Creditable service for which credit was received,

  9  or which remained unclaimed, at retirement may not be claimed

10  or applied toward service credit earned following renewed

11  membership. However, service earned in accordance with the

12  renewed membership provisions in s. 121.122 may be used in

13  conjunction with creditable service earned under this

14  paragraph, provided applicable vesting requirements and other

15  existing statutory conditions required by this chapter are

16  met.

17         5.  Any elected officer who is a participating member

18  of DROP may terminate participation at any time during the

19  60-month DROP participation period and elect to enroll in the

20  appropriate subclass of the Elected Officers' Class, including

21  participating in the Senior Management Service Class,

22  effective the first day of the following month.

23         Section 2.  Paragraph (b) of subsection (13) of section

24  121.091, Florida Statutes, is amended to read:

25         121.091  Benefits payable under the system.--Benefits

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

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

28  begun participation in the Deferred Retirement Option Program

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

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

31  department may cancel an application for retirement benefits


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                                          HB 649, Second Engrossed



  1  when the member or beneficiary fails to timely provide the

  2  information and documents required by this chapter and the

  3  department's rules. The department shall adopt rules

  4  establishing procedures for application for retirement

  5  benefits and for the cancellation of such application when the

  6  required information or documents are not received.

  7         (13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general,

  8  and subject to the provisions of this section, the Deferred

  9  Retirement Option Program, hereinafter referred to as the

10  DROP, is a program under which an eligible member of the

11  Florida  Retirement System may elect to participate, deferring

12  receipt of retirement benefits while continuing employment

13  with his or her Florida Retirement System employer.  The

14  deferred monthly benefits shall accrue in the System Trust

15  Fund on behalf of the participant, plus interest compounded

16  monthly, for the specified period of the DROP participation,

17  as provided in paragraph (c).  Upon termination of employment,

18  the participant shall receive the total DROP benefits and

19  begin to receive the previously determined normal retirement

20  benefits. Participation in the DROP does not guarantee

21  employment for the specified period of DROP.

22         (b)  Participation in the DROP.--

23         1.  An eligible member may elect to participate in the

24  DROP for a period not to exceed a maximum of 60 calendar

25  months immediately following the date on which the member

26  first reaches his or her normal retirement date or the date to

27  which he or she is eligible to defer his or her election to

28  participate as provided in subparagraph (a)2. However, a

29  member who has reached normal retirement date prior to the

30  effective date of the DROP shall be eligible to participate in

31  the DROP for a period of time not to exceed 60 calendar months


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                                          HB 649, Second Engrossed



  1  immediately following the effective date of the DROP, except a

  2  member of the Special Risk Class who has reached normal

  3  retirement date prior to the effective date of the DROP and

  4  whose total accrued value exceeds 75 percent of average final

  5  compensation as of his or her effective date of retirement

  6  shall be eligible to participate in the DROP for no more than

  7  36 calendar months immediately following the effective date of

  8  the DROP.

  9         2.  Upon deciding to participate in the DROP, the

10  member shall submit, on forms required by the division:

11         a.  A written election to participate in the DROP;

12         b.  Selection of the DROP participation and termination

13  dates, which satisfy the limitations stated in paragraph (a)

14  and subparagraph 1. Such termination date shall be in a

15  binding letter of resignation with the employer, establishing

16  a deferred termination date. The member may change the

17  termination date within the limitations of subparagraph 1.,

18  but only with the written approval of his or her employer;

19         c.  A properly completed DROP application for service

20  retirement as provided in this section; and

21         d.  Any other information required by the division.

22         3.  The DROP participant shall be a retiree under the

23  Florida Retirement System for all purposes, except for

24  paragraph (5)(f) and subsection (9) and ss. 112.3173, 112.363,

25  121.053, and 121.122. However, participation in the DROP does

26  not alter the participant's employment status and such

27  employee shall not be deemed retired from employment until his

28  or her deferred resignation is effective and termination

29  occurs as provided in s. 121.021(39).

30         4.  Elected officers shall be eligible to participate

31  in the DROP subject to the following:


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                                          HB 649, Second Engrossed



  1         a.  An elected officer who reaches normal retirement

  2  date during a term of office may defer the election to

  3  participate in the DROP until the next succeeding term in that

  4  office. Such elected officer who exercises this option may

  5  participate in the DROP for up to 60 calendar months or a

  6  period of no longer than such succeeding term of office,

  7  whichever is less.

  8         b.  An elected or a nonelected participant may run for

  9  a term of office while participating in DROP and, if elected,

10  extend the DROP termination date accordingly, except, however,

11  if such additional term of office exceeds the 60-month

12  limitation established in subparagraph 1., and the officer

13  does not resign from office within such 60-month limitation,

14  the retirement and the participant's DROP shall be null and

15  void as provided in sub-subparagraph (c)5.d.

16         c.  An elected officer who is dually employed and

17  elects to participate in DROP shall be required to satisfy the

18  definition of termination within the 60-month limitation

19  period as provided in subparagraph 1. for the nonelected

20  position and may continue employment as an elected officer as

21  provided in s. 121.053. The elected officer will be enrolled

22  as a renewed member in the Elected Officers' Class or the

23  Regular Class, as provided in ss. 121.053 and 121.22, on the

24  first day of the month after termination of employment in the

25  nonelected position and termination of DROP. Distribution of

26  the DROP benefits shall be made as provided in paragraph (c).

27         d.  An elected officer who is elected or appointed to

28  an elective office is not subject to termination limitations

29  as provided in chapter 121.

30         Section 3.  Section 112.18, Florida Statutes, is

31  amended to read:


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                                          HB 649, Second Engrossed



  1         112.18  Firefighters, correctional officers, and state,

  2  county, or municipal law enforcement officers; special

  3  provisions relative to disability.--

  4         (1)  Any condition or impairment of health of any

  5  Florida state, municipal, county, port authority, special tax

  6  district, or fire control district firefighter, correctional

  7  officer as defined in s. 943.10(2) and (3), or state, county,

  8  or municipal law enforcement officer caused by tuberculosis,

  9  heart disease, or hypertension resulting in total or partial

10  disability or death shall be presumed to have been accidental

11  and to have been suffered in the line of duty unless the

12  contrary be shown by competent evidence. However, any such

13  firefighter, correctional officer, or state, county, or

14  municipal law enforcement officer shall have successfully

15  passed a physical examination upon entering into any such

16  service as a firefighter, correctional officer, or state,

17  county, or municipal law enforcement officer, which

18  examination failed to reveal any evidence of any such

19  condition.  Such presumption shall not apply to benefits

20  payable under or granted in a policy of life insurance or

21  disability insurance, unless the insurer and insured have

22  negotiated for such additional benefits to be included in the

23  policy contract.

24         (2)  This section shall be construed to authorize the

25  above governmental entities to negotiate policy contracts for

26  life and disability insurance to include accidental death

27  benefits or double indemnity coverage which shall include the

28  presumption that any condition or impairment of health of any

29  firefighter caused by tuberculosis, heart disease, or

30  hypertension resulting in total or partial disability or death

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                                          HB 649, Second Engrossed



  1  was accidental and suffered in the line of duty, unless the

  2  contrary be shown by competent evidence.

  3         Section 4.  The Legislature finds that a proper and

  4  legitimate state purpose is served when county and municipal

  5  law enforcement officers, correctional officers, and

  6  correctional probation officers are included in the class that

  7  benefits from the presumption that tuberculosis, heart

  8  disease, or hypertension resulting in total or partial

  9  disability or death is accidental and suffered in the line of

10  duty unless the contrary is shown by competent evidence.

11  Therefore, the Legislature determines and declares that this

12  act fulfills an important state interest.

13         Section 5.  This act shall take effect upon becoming a

14  law.

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