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.

15

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

17

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

    743-113-02






  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

    743-113-02






  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

    743-113-02






  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.

  8

  9            *****************************************

10                          HOUSE SUMMARY

11
      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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