CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 925
Amendment No. 1 (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 The Committee on Fiscal Policy & Resources offered the
12 following:
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14 Amendment (with title amendment)
15 Remove everything after the enacting clause
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17 and insert:
18 Section 1. Short title.--This act may be cited as the
19 "Officer Malcolm Thompson Act."
20 Section 2. It is declared by the Legislature that
21 firefighters, paramedics, emergency medical technicians, and
22 police officers, as defined in this act, perform state and
23 municipal functions; that it is their duty to protect life and
24 property at their own risk and peril; that it is their duty to
25 continuously instruct school personnel, public officials, and
26 private citizens about safety; and that their activities are
27 vital to the public safety. Therefore, the Legislature
28 declares that it is a proper and legitimate state purpose to
29 provide a uniform retirement system for the benefit of
30 firefighters, paramedics, emergency medical technicians, and
31 police officers as defined in this act and intends, in
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HOUSE AMENDMENT
Bill No. HB 925
Amendment No. 1 (for drafter's use only)
1 implementing the provisions of s. 14, Art. X of the State
2 Constitution as they relate to municipal and special district
3 pension trust fund systems and plans, that such retirement
4 systems or plans be managed, administered, operated, and
5 funded in such manner as to maximize the protection of pension
6 trust funds. Pursuant to s. 18, Art. VII of the State
7 Constitution, the Legislature hereby determines and declares
8 that the provisions of this act fulfill an important state
9 interest.
10 Section 3. Paragraph (b) of subsection (4) and
11 paragraph (b) of subsection (9) of section 121.091, Florida
12 Statutes, are amended to read:
13 121.091 Benefits payable under the system.--Benefits
14 may not be paid under this section unless the member has
15 terminated employment as provided in s. 121.021(39)(a) or
16 begun participation in the Deferred Retirement Option Program
17 as provided in subsection (13), and a proper application has
18 been filed in the manner prescribed by the department. The
19 department may cancel an application for retirement benefits
20 when the member or beneficiary fails to timely provide the
21 information and documents required by this chapter and the
22 department's rules. The department shall adopt rules
23 establishing procedures for application for retirement
24 benefits and for the cancellation of such application when the
25 required information or documents are not received.
26 (4) DISABILITY RETIREMENT BENEFIT.--
27 (b) Total and permanent disability.--A member shall be
28 considered totally and permanently disabled if, in the opinion
29 of the administrator, he or she is prevented, by reason of a
30 medically determinable physical or mental impairment, from
31 rendering useful and efficient service as an officer or
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HOUSE AMENDMENT
Bill No. HB 925
Amendment No. 1 (for drafter's use only)
1 employee. A Special Risk Class member who is an officer as
2 defined in s. 943.10(1), (2), or (3); a firefighter as defined
3 in s. 633.30(1); an emergency medical technician as defined in
4 s. 401.23(11); or a paramedic as defined in s. 401.23(17) who
5 is catastrophically injured as defined in s. 440.02(37) in the
6 line of duty as a result of a felonious act of another shall
7 be considered totally and permanently disabled and unable to
8 render useful and efficient service as an officer, unless the
9 administrator can provide documented competent medical
10 evidence that the officer is able to render useful and
11 efficient service as an officer. For purposes of this
12 subsection, the term "officer" includes police officers,
13 correctional officers, correctional probation officers,
14 firefighters, emergency medical technicians, and paramedics.
15 (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.--
16 (b)1. Any person who is retired under this chapter,
17 except under the disability retirement provisions of
18 subsection (4), may be reemployed by any private or public
19 employer after retirement and receive retirement benefits and
20 compensation from his or her employer without any limitations,
21 except that a person may not receive both a salary from
22 reemployment with any agency participating in the Florida
23 Retirement System and retirement benefits under this chapter
24 for a period of 12 months immediately subsequent to the date
25 of retirement. However, a DROP participant shall continue
26 employment and receive a salary during the period of
27 participation in the Deferred Retirement Option Program, as
28 provided in subsection (13).
29 2. Any person to whom the limitation in subparagraph
30 1. applies who violates such reemployment limitation and who
31 is reemployed with any agency participating in the Florida
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HOUSE AMENDMENT
Bill No. HB 925
Amendment No. 1 (for drafter's use only)
1 Retirement System before completion of the 12-month limitation
2 period shall give timely notice of this fact in writing to the
3 employer and to the division and shall have his or her
4 retirement benefits suspended for the balance of the 12-month
5 limitation period. Any person employed in violation of this
6 paragraph and any employing agency which knowingly employs or
7 appoints such person without notifying the Division of
8 Retirement to suspend retirement benefits shall be jointly and
9 severally liable for reimbursement to the retirement trust
10 fund of any benefits paid during the reemployment limitation
11 period. To avoid liability, such employing agency shall have
12 a written statement from the retiree that he or she is not
13 retired from a state-administered retirement system. Any
14 retirement benefits received while reemployed during this
15 reemployment limitation period shall be repaid to the
16 retirement trust fund, and retirement benefits shall remain
17 suspended until such repayment has been made. Benefits
18 suspended beyond the reemployment limitation shall apply
19 toward repayment of benefits received in violation of the
20 reemployment limitation.
21 3. A district school board may reemploy a retired
22 member as a substitute or hourly teacher, education
23 paraprofessional, transportation assistant, bus driver, or
24 food service worker on a noncontractual basis after he or she
25 has been retired for 1 calendar month, in accordance with s.
26 121.021(39). Any retired member who is reemployed within 1
27 calendar month after retirement shall void his or her
28 application for retirement benefits. District school boards
29 reemploying such teachers, education paraprofessionals,
30 transportation assistants, bus drivers, or food service
31 workers are subject to the retirement contribution required by
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HOUSE AMENDMENT
Bill No. HB 925
Amendment No. 1 (for drafter's use only)
1 subparagraph 8. 7. Reemployment of a retired member as a
2 substitute or hourly teacher, education paraprofessional,
3 transportation assistant, bus driver, or food service worker
4 is limited to 780 hours during the first 12 months of his or
5 her retirement. Any retired member reemployed for more than
6 780 hours during his or her first 12 months of retirement
7 shall give timely notice in writing to the employer and to the
8 division of the date he or she will exceed the limitation.
9 The division shall suspend his or her retirement benefits for
10 the remainder of the first 12 months of retirement. Any
11 person employed in violation of this subparagraph and any
12 employing agency which knowingly employs or appoints such
13 person without notifying the Division of Retirement to suspend
14 retirement benefits shall be jointly and severally liable for
15 reimbursement to the retirement trust fund of any benefits
16 paid during the reemployment limitation period. To avoid
17 liability, such employing agency shall have a written
18 statement from the retiree that he or she is not retired from
19 a state-administered retirement system. Any retirement
20 benefits received by a retired member while reemployed in
21 excess of 780 hours during the first 12 months of retirement
22 shall be repaid to the Retirement System Trust Fund, and his
23 or her retirement benefits shall remain suspended until
24 repayment is made. Benefits suspended beyond the end of the
25 retired member's first 12 months of retirement shall apply
26 toward repayment of benefits received in violation of the
27 780-hour reemployment limitation.
28 4. A community college board of trustees may reemploy
29 a retired member as an adjunct instructor, that is, an
30 instructor who is noncontractual and part-time, or as a
31 participant in a phased retirement program within the Florida
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HOUSE AMENDMENT
Bill No. HB 925
Amendment No. 1 (for drafter's use only)
1 Community College System, after he or she has been retired for
2 1 calendar month, in accordance with s. 121.021(39). Any
3 retired member who is reemployed within 1 calendar month after
4 retirement shall void his or her application for retirement
5 benefits. Boards of trustees reemploying such instructors are
6 subject to the retirement contribution required in
7 subparagraph 8. 7. A retired member may be reemployed as an
8 adjunct instructor for no more than 780 hours during the first
9 12 months of retirement. Any retired member reemployed for
10 more than 780 hours during the first 12 months of retirement
11 shall give timely notice in writing to the employer and to the
12 division of the date he or she will exceed the limitation.
13 The division shall suspend his or her retirement benefits for
14 the remainder of the first 12 months of retirement. Any
15 person employed in violation of this subparagraph and any
16 employing agency which knowingly employs or appoints such
17 person without notifying the Division of Retirement to suspend
18 retirement benefits shall be jointly and severally liable for
19 reimbursement to the retirement trust fund of any benefits
20 paid during the reemployment limitation period. To avoid
21 liability, such employing agency shall have a written
22 statement from the retiree that he or she is not retired from
23 a state-administered retirement system. Any retirement
24 benefits received by a retired member while reemployed in
25 excess of 780 hours during the first 12 months of retirement
26 shall be repaid to the Retirement System Trust Fund, and
27 retirement benefits shall remain suspended until repayment is
28 made. Benefits suspended beyond the end of the retired
29 member's first 12 months of retirement shall apply toward
30 repayment of benefits received in violation of the 780-hour
31 reemployment limitation.
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HOUSE AMENDMENT
Bill No. HB 925
Amendment No. 1 (for drafter's use only)
1 5. The State University System may reemploy a retired
2 member as an adjunct faculty member or as a participant in a
3 phased retirement program within the State University System
4 after the retired member has been retired for 1 calendar
5 month, in accordance with s. 121.021(39). Any retired member
6 who is reemployed within 1 calendar month after retirement
7 shall void his or her application for retirement benefits.
8 The State University System is subject to the retired
9 contribution required in subparagraph 8. 7., as appropriate. A
10 retired member may be reemployed as an adjunct faculty member
11 or a participant in a phased retirement program for no more
12 than 780 hours during the first 12 months of his or her
13 retirement. Any retired member reemployed for more than 780
14 hours during the first 12 months of retirement shall give
15 timely notice in writing to the employer and to the division
16 of the date he or she will exceed the limitation. The
17 division shall suspend his or her retirement benefits for the
18 remainder of the first 12 months of retirement. Any person
19 employed in violation of this subparagraph and any employing
20 agency which knowingly employs or appoints such person without
21 notifying the Division of Retirement to suspend retirement
22 benefits shall be jointly and severally liable for
23 reimbursement to the retirement trust fund of any benefits
24 paid during the reemployment limitation period. To avoid
25 liability, such employing agency shall have a written
26 statement from the retiree that he or she is not retired from
27 a state-administered retirement system. Any retirement
28 benefits received by a retired member while reemployed in
29 excess of 780 hours during the first 12 months of retirement
30 shall be repaid to the Retirement System Trust Fund, and
31 retirement benefits shall remain suspended until repayment is
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HOUSE AMENDMENT
Bill No. HB 925
Amendment No. 1 (for drafter's use only)
1 made. Benefits suspended beyond the end of the retired
2 member's first 12 months of retirement shall apply toward
3 repayment of benefits received in violation of the 780-hour
4 reemployment limitation.
5 6. The Board of Trustees of the Florida School for the
6 Deaf and the Blind may reemploy a retired member as a
7 substitute teacher, substitute residential instructor, or
8 substitute nurse on a noncontractual basis after he or she has
9 been retired for 1 calendar month, in accordance with s.
10 121.021(39). Any retired member who is reemployed within 1
11 calendar month after retirement shall void his or her
12 application for retirement benefits. The Board of Trustees of
13 the Florida School for the Deaf and the Blind reemploying such
14 teachers, residential instructors, or nurses is subject to the
15 retirement contribution required by subparagraph 8. 7.
16 Reemployment of a retired member as a substitute teacher,
17 substitute residential instructor, or substitute nurse is
18 limited to 780 hours during the first 12 months of his or her
19 retirement. Any retired member reemployed for more than 780
20 hours during the first 12 months of retirement shall give
21 timely notice in writing to the employer and to the division
22 of the date he or she will exceed the limitation. The division
23 shall suspend his or her retirement benefits for the remainder
24 of the first 12 months of retirement. Any person employed in
25 violation of this subparagraph and any employing agency which
26 knowingly employs or appoints such person without notifying
27 the Division of Retirement to suspend retirement benefits
28 shall be jointly and severally liable for reimbursement to the
29 retirement trust fund of any benefits paid during the
30 reemployment limitation period. To avoid liability, such
31 employing agency shall have a written statement from the
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HOUSE AMENDMENT
Bill No. HB 925
Amendment No. 1 (for drafter's use only)
1 retiree that he or she is not retired from a
2 state-administered retirement system. Any retirement benefits
3 received by a retired member while reemployed in excess of 780
4 hours during the first 12 months of retirement shall be repaid
5 to the Retirement System Trust Fund, and his or her retirement
6 benefits shall remain suspended until payment is made.
7 Benefits suspended beyond the end of the retired member's
8 first 12 months of retirement shall apply toward repayment of
9 benefits received in violation of the 780-hour reemployment
10 limitation.
11 7. A sheriff may reemploy a retired member as a deputy
12 sheriff on a contractual basis after the retired member has
13 been retired for 1 calendar month, in accordance with s.
14 121.021(39). Any retired member who is reemployed within 1
15 calendar month after retirement shall void his or her
16 application for retirement benefits. Sheriffs reemploying such
17 deputy sheriffs are subject to the retirement contribution
18 required in subparagraph 8. Reemployment of a retired deputy
19 sheriff is limited to no more than 780 hours during the first
20 12 months of his or her retirement. Any retired member
21 reemployed for more than 780 hours during the first 12 months
22 of retirement shall give timely notice in writing to the
23 employer and to the division of the date he or she will exceed
24 the limitation. The division shall suspend his or her
25 retirement benefits for the remainder of the first 12 months
26 of retirement. Any person employed in violation of this
27 subparagraph and any employing agency that knowingly employs
28 or appoints such person without notifying the Division of
29 Retirement to suspend retirement benefits shall be jointly and
30 severally liable for reimbursement to the retirement trust
31 fund of any benefits paid during the reemployment limitation
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HOUSE AMENDMENT
Bill No. HB 925
Amendment No. 1 (for drafter's use only)
1 period. To avoid liability, such employing agency shall have a
2 written statement from the retiree that he or she is not
3 retired from a state-administered retirement system. Any
4 retirement benefits received by a retired member while
5 reemployed in excess of 780 hours during the first 12 months
6 of retirement shall be repaid to the Retirement System Trust
7 Fund, and retirement benefits shall remain suspended until
8 repayment is made. Benefits suspended beyond the end of the
9 retired member's first 12 months of retirement shall apply
10 toward repayment of benefits received in violation of the
11 780-hour reemployment limitation.
12 8.7. The employment by an employer of any retiree or
13 DROP participant of any state-administered retirement system
14 shall have no effect on the average final compensation or
15 years of creditable service of the retiree or DROP
16 participant. Prior to July 1, 1991, upon employment of any
17 person, other than an elected officer as provided in s.
18 121.053, who has been retired under any state-administered
19 retirement program, the employer shall pay retirement
20 contributions in an amount equal to the unfunded actuarial
21 liability portion of the employer contribution which would be
22 required for regular members of the Florida Retirement System.
23 Effective July 1, 1991, contributions shall be made as
24 provided in s. 121.122 for retirees with renewed membership or
25 subsection (13) with respect to DROP participants.
26 9.8. Any person who has previously retired and who is
27 holding an elective public office or an appointment to an
28 elective public office eligible for the Elected Officers'
29 Class on or after July 1, 1990, shall be enrolled in the
30 Florida Retirement System as provided in s. 121.053(1)(b) or,
31 if holding an elective public office that does not qualify for
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HOUSE AMENDMENT
Bill No. HB 925
Amendment No. 1 (for drafter's use only)
1 the Elected Officers' Class on or after July 1, 1991, shall be
2 enrolled in the Florida Retirement System as provided in s.
3 121.122, and shall continue to receive retirement benefits as
4 well as compensation for the elected officer's service for as
5 long as he or she remains in elective office. However, any
6 retired member who served in an elective office prior to July
7 1, 1990, suspended his or her retirement benefit, and had his
8 or her Florida Retirement System membership reinstated shall,
9 upon retirement from such office, have his or her retirement
10 benefit recalculated to include the additional service and
11 compensation earned.
12 10.9. Any person who is holding an elective public
13 office which is covered by the Florida Retirement System and
14 who is concurrently employed in nonelected covered employment
15 may elect to retire while continuing employment in the
16 elective public office, provided that he or she shall be
17 required to terminate his or her nonelected covered
18 employment. Any person who exercises this election shall
19 receive his or her retirement benefits in addition to the
20 compensation of the elective office without regard to the time
21 limitations otherwise provided in this subsection. No person
22 who seeks to exercise the provisions of this subparagraph, as
23 the same existed prior to May 3, 1984, shall be deemed to be
24 retired under those provisions, unless such person is eligible
25 to retire under the provisions of this subparagraph, as
26 amended by chapter 84-11, Laws of Florida.
27 11.10. The limitations of this paragraph apply to
28 reemployment in any capacity with an "employer" as defined in
29 s. 121.021(10), irrespective of the category of funds from
30 which the person is compensated.
31 Section 4. Subsection (5) of section 175.191, Florida
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HOUSE AMENDMENT
Bill No. HB 925
Amendment No. 1 (for drafter's use only)
1 Statutes, is amended to read:
2 175.191 Disability retirement.--For any municipality,
3 special fire control district, chapter plan, local law
4 municipality, local law special fire control district, or
5 local law plan under this chapter:
6 (5) The benefit payable to a firefighter who retires
7 from the service of a municipality or special fire control
8 district due to total and permanent disability as a direct
9 result of a disability is the monthly income payable for 10
10 years certain and life for which, if the firefighter's
11 disability occurred in the line of duty, his or her monthly
12 benefit shall be the accrued retirement benefit, but shall not
13 be less than 42 percent of his or her average monthly salary
14 at the time of disability. If after 10 years of service the
15 disability is other than in the line of duty, the
16 firefighter's monthly benefit shall be the accrued normal
17 retirement benefit, but shall not be less than 25 percent of
18 his or her average monthly salary at the time of disability.
19 Notwithstanding any provision to the contrary, the monthly
20 retirement benefit payable to a firefighter, emergency medical
21 technician, or paramedic who retires from service due to total
22 and permanent disability as a result of a catastrophic injury
23 as defined in s. 440.02(37) where such injury is a result of a
24 felonious act of another shall be the accrued retirement
25 benefit but shall not be less than 80 percent of his or her
26 average monthly salary at the time of disability.
27 Section 5. Subsection (5) of section 185.18, Florida
28 Statutes, is amended to read:
29 185.18 Disability retirement.--For any municipality,
30 chapter plan, local law municipality, or local law plan under
31 this chapter:
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HOUSE AMENDMENT
Bill No. HB 925
Amendment No. 1 (for drafter's use only)
1 (5) The benefit payable to a police officer who
2 retires from the service of the city with a total and
3 permanent disability as a result of a disability is the
4 monthly income payable for 10 years certain and life for
5 which, if the police officer's disability occurred in the line
6 of duty, his or her monthly benefit shall be the accrued
7 retirement benefit, but shall not be less than 42 percent of
8 his or her average monthly compensation as of the police
9 officer's disability retirement date. If after 10 years of
10 service the disability is other than in the line of duty, the
11 police officer's monthly benefit shall be the accrued normal
12 retirement benefit, but shall not be less than 25 percent of
13 his or her average monthly compensation as of the police
14 officer's disability retirement date. Notwithstanding any
15 provision to the contrary, the monthly retirement benefit
16 payable to a police officer who retires from service due to
17 total and permanent disability as a result of a catastrophic
18 injury as defined in s. 440.02(37) where such injury is a
19 result of a felonious act of another shall be the accrued
20 retirement benefit but shall not be less than 80 percent of
21 the officer's average monthly compensation as of the officer's
22 disability retirement date.
23 Section 6. This act shall take effect upon becoming a
24 law.
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28 And the title is amended as follows:
29 On page 1, line 2,
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31 and insert:
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HOUSE AMENDMENT
Bill No. HB 925
Amendment No. 1 (for drafter's use only)
1 retirement; creating the "Officer Malcolm
2 Thompson Act"; providing legislative intent;
3 amending s. 121.091, F.S.; revising provisions
4 relating to benefits payable for total and
5 permanent disability for certain Special Risk
6 Class members of the Florida Retirement System
7 who are injured in the line of duty; providing
8 for reemployment of retired deputy sheriffs;
9 amending ss. 175.191 and 185.18, F.S.;
10 providing minimum retirement benefits payable
11 to certain Special Risk Class members who are
12 injured in the line of duty and who are totally
13 and permanently disabled due to such injury;
14 providing an effective date.
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