House Bill hb0925
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Florida House of Representatives - 2002 HB 925
By Representative Attkisson
1 A bill to be entitled
2 An act relating to retirement; creating the
3 "Officer Malcolm Thompson Act"; providing
4 legislative intent; amending s. 121.091, F.S.;
5 revising provisions relating to benefits
6 payable for total and permanent disability for
7 certain Special Risk Class members of the
8 Florida Retirement System who are injured in
9 the line of duty; amending ss. 175.191 and
10 185.18, F.S.; providing minimum retirement
11 benefits payable to certain Special Risk Class
12 members who are injured in the line of duty and
13 who are totally and permanently disabled due to
14 such injury; providing an effective date.
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16 Be It Enacted by the Legislature of the State of Florida:
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18 Section 1. Short title.--This act may be cited as the
19 "Officer Malcolm Thompson Act."
20 Section 2. It is hereby declared by the Legislature
21 that firefighters, paramedics, emergency medical technicians,
22 and 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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Florida House of Representatives - 2002 HB 925
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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) of section
11 121.091, Florida Statutes, is amended to read:
12 121.091 Benefits payable under the system.--Benefits
13 may not be paid under this section unless the member has
14 terminated employment as provided in s. 121.021(39)(a) or
15 begun participation in the Deferred Retirement Option Program
16 as provided in subsection (13), and a proper application has
17 been filed in the manner prescribed by the department. The
18 department may cancel an application for retirement benefits
19 when the member or beneficiary fails to timely provide the
20 information and documents required by this chapter and the
21 department's rules. The department shall adopt rules
22 establishing procedures for application for retirement
23 benefits and for the cancellation of such application when the
24 required information or documents are not received.
25 (4) DISABILITY RETIREMENT BENEFIT.--
26 (b) Total and permanent disability.--A member shall be
27 considered totally and permanently disabled if, in the opinion
28 of the administrator, he or she is prevented, by reason of a
29 medically determinable physical or mental impairment, from
30 rendering useful and efficient service as an officer or
31 employee. A Special Risk Class member who is an officer as
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Florida House of Representatives - 2002 HB 925
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1 defined in s. 943.10(1), (2), or (3); a firefighter as defined
2 in s. 633.30(1); an emergency medical technician as defined in
3 s. 401.23(11); or a paramedic as defined in s. 401.23(17) who
4 is catastrophically injured as defined in s. 440.02(37) in the
5 line of duty as a result of a felonious act of another shall
6 be considered totally and permanently disabled and unable to
7 render useful and efficient service as an officer, unless the
8 administrator can provide documented competent medical
9 evidence that the officer is able to render useful and
10 efficient service as an officer. For purposes of this
11 subsection, the term "officer" includes police officers,
12 correctional officers, correctional probation officers,
13 firefighters, emergency medical technicians, and paramedics.
14 Section 4. Subsection (5) of section 175.191, Florida
15 Statutes, is amended to read:
16 175.191 Disability retirement.--For any municipality,
17 special fire control district, chapter plan, local law
18 municipality, local law special fire control district, or
19 local law plan under this chapter:
20 (5) The benefit payable to a firefighter who retires
21 from the service of a municipality or special fire control
22 district due to total and permanent disability as a direct
23 result of a disability is the monthly income payable for 10
24 years certain and life for which, if the firefighter's
25 disability occurred in the line of duty, his or her monthly
26 benefit shall be the accrued retirement benefit, but shall not
27 be less than 42 percent of his or her average monthly salary
28 at the time of disability. If after 10 years of service the
29 disability is other than in the line of duty, the
30 firefighter's monthly benefit shall be the accrued normal
31 retirement benefit, but shall not be less than 25 percent of
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Florida House of Representatives - 2002 HB 925
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1 his or her average monthly salary at the time of disability.
2 Notwithstanding any provision to the contrary, the monthly
3 retirement benefit payable to a firefighter, emergency medical
4 technician, or paramedic who retires from service due to total
5 and permanent disability as a result of a catastrophic injury
6 as defined in s. 440.02(37) where such injury is a result of a
7 felonious act of another shall be the accrued retirement
8 benefit but shall not be less than 80 percent of his or her
9 average monthly salary at the time of disability.
10 Section 5. Subsection (5) of section 185.18, Florida
11 Statutes, is amended to read:
12 185.18 Disability retirement.--For any municipality,
13 chapter plan, local law municipality, or local law plan under
14 this chapter:
15 (5) The benefit payable to a police officer who
16 retires from the service of the city with a total and
17 permanent disability as a result of a disability is the
18 monthly income payable for 10 years certain and life for
19 which, if the police officer's disability occurred in the line
20 of duty, his or her monthly benefit shall be the accrued
21 retirement benefit, but shall not be less than 42 percent of
22 his or her average monthly compensation as of the police
23 officer's disability retirement date. If after 10 years of
24 service the disability is other than in the line of duty, the
25 police officer's monthly benefit shall be the accrued normal
26 retirement benefit, but shall not be less than 25 percent of
27 his or her average monthly compensation as of the police
28 officer's disability retirement date. Notwithstanding any
29 provision to the contrary, the monthly retirement benefit
30 payable to a police officer who retires from service due to
31 total and permanent disability as a result of a catastrophic
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Florida House of Representatives - 2002 HB 925
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1 injury as defined in s. 440.02(37) where such injury is a
2 result of a felonious act of another shall be the accrued
3 retirement benefit but shall not be less than 80 percent of
4 the officer's average monthly compensation as of the officer's
5 disability retirement date.
6 Section 6. This act shall take effect upon becoming a
7 law.
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9 *****************************************
10 HOUSE SUMMARY
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Creates the Officer Malcolm Thompson Act to provide that
12 a Special Risk Class member of the Florida Retirement
System who is an officer, an emergency medical
13 technician, or a paramedic who is catastrophically
injured in the line of duty as the result of a felonious
14 act of another shall be considered totally and
permanently disabled, unless the administrator can
15 provide documented competent medical evidence that the
officer is able to render useful and efficient service as
16 an officer, and to provide that the term "officer"
includes police officers, correctional officers,
17 correctional probation officers, firefighters, emergency
medical technicians, and paramedics. Provides minimum
18 retirement benefits payable to described Special Risk
Class members who are injured in the line of duty and who
19 are totally and permanently disabled due to such injury.
See bill for details.
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