House Bill hb0759

    Florida House of Representatives - 2002                 HB 759

        By Representatives Brummer, Gardiner, Kallinger, Siplin,
    Simmons, Johnson, Mealor and Allen





  1                      A bill to be entitled

  2         An act relating to the City of Orlando, Orange

  3         County; amending chapter 22414 (1943), Laws of

  4         Florida, relating to the pension fund of the

  5         Orlando Police Department; eliminating the

  6         earned income offset; providing for changes

  7         necessary to obtain tax qualification and

  8         compliance with state statutory minimums;

  9         providing an effective date.

10

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

12

13         Section 1.  Section 8 of chapter 22414 (1943), Laws of

14  Florida, as amended, is amended to read:

15         Section 8.  Disability pensions in general.--

16         (1)  For the purposes of both sections 9 and 10 of this

17  retirement plan, pertaining to disability pensions, the term

18  "permanently and totally disabled" shall be construed to mean

19  and include the loss of one or more limbs, loss of sight in

20  one or both eyes, loss of hearing in one or both ears, and any

21  other condition which renders the member unfit to perform the

22  required duties of the member's rank held at the time of

23  impairment.

24         (2)  No member of the police department shall be

25  entitled to a disability pension, whether in line of duty or

26  not in line of duty, because of or due to the aggravation of a

27  specific injury, impairment, or other medical condition

28  preexisting at the time of employment with the police

29  department, provided that such preexisting condition and its

30  relationship to a later injury, impairment, or other medical

31  condition be established by competent substantial evidence.

                                  1

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






    Florida House of Representatives - 2002                 HB 759

    703-142-02






  1  Nothing herein shall be construed to preclude a disability

  2  pension to a member who, after employment with the police

  3  department, suffers an injury, impairment, or other medical

  4  condition different from some other injury, impairment, or

  5  other medical condition existing at or prior to said

  6  employment.

  7         (3)  Notwithstanding any other provision of this

  8  retirement plan, a disability pension may be denied by the

  9  board of trustees if it is determined that:

10         (a)  The applicant is not totally disabled to do all of

11  the functions which can be performed by members of his or her

12  same rank;

13         (b)  The applicant is able to do some of the functions

14  which can be performed by members of his or her same rank; and

15         (c)  The Chief of the Police Department is willing to

16  permit the applicant to remain on the Orlando Police

17  Department, performing limited duty, with no reduction in pay

18  or benefits.

19         (4)  If in any month a disability retiree receives both

20  workers' compensation payments and disability pension

21  benefits, a dollar-for-dollar offset will be made to

22  disability pension payments otherwise due for any workers'

23  compensation payments received; provided, however, the offset

24  will not operate to reduce the total of workers' compensation

25  payments and pension plan payments below 100 percent of the

26  pensionable salary earned by the retiree on his or her last

27  day of work for the Orlando Police Department; and provided

28  further that no offset shall be made if the member is

29  receiving benefits under Title 42 USCA Public Health and

30  Welfare (Social Security) guidelines as disabled. For purposes

31  of offset calculation when lump sum workers' compensation

                                  2

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






    Florida House of Representatives - 2002                 HB 759

    703-142-02






  1  settlements are paid, the lump sum will be amortized over the

  2  period of allowable benefits, not to exceed 10 years.

  3         (5)  If during any calendar year a disability retiree

  4  has earned income, there will be a $1 offset during the

  5  succeeding calendar year for each $3 of earned income;

  6  provided, however, that benefits payable under this retirement

  7  plan will never be reduced below the amount the disability

  8  retiree would have been eligible to receive on the date of

  9  retirement, based on his or her years of credited service and

10  average monthly salary at time of disability. "Earned income"

11  will include only such income treated as gross income defined

12  as such by the IRS for federal income tax purposes to the

13  extent that such income is wages or compensation for services

14  or income from a business owned or operated by the disability

15  retiree.

16         (6)  If the disability retiree does receive earned

17  income in any calendar year, he or she shall make a report to

18  the board of trustees, on or before the 15th day of each April

19  of the following year, of any and all earned income received

20  during the preceding calendar year. If the retiree files a

21  false report or fails to file the required report, the board

22  of trustees shall conduct a hearing, upon notice to the

23  retiree, and may order the pension temporarily suspended or

24  reduced to the amount the retiree would be entitled to receive

25  under section 6 of this retirement plan. Disability retirees

26  will also be required to provide the board of trustees with

27  relevant tax returns within 30 days of filing. If these

28  returns are not filed, the pension payable to the retiree

29  shall be temporarily withheld until the return is filed.

30         Section 2.  Section 27 is added to chapter 22414

31  (1943), Laws of Florida, as amended, to read:

                                  3

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






    Florida House of Representatives - 2002                 HB 759

    703-142-02






  1         Section 27.  Tax qualification and statutory

  2  minimums.--

  3         (1)  The legislative body of the City of Orlando is

  4  authorized to amend the pension plan to the limited extent

  5  necessary to maintain tax qualification of the plan under the

  6  Internal Revenue Code, but must obtain prior agreement of the

  7  members and their collective bargaining agent, if any, should

  8  such required amendments change any plan benefits.

  9         (2)  The legislative body of the City of Orlando is

10  authorized to amend the pension plan to the limited extent

11  necessary to comply with the minimum standards and benefits

12  levels required by chapter 185, Florida Statutes, in order to

13  allow the plan to receive funds from the Police and

14  Firefighters' Premium Tax Trust Fund, but must obtain prior

15  agreement of the members and their collective bargaining

16  agent, if any, should such required amendments change any plan

17  benefits.

18         Section 3.  This act shall take effect upon becoming a

19  law.

20

21

22

23

24

25

26

27

28

29

30

31

                                  4

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