House Bill hb0925c1
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Florida House of Representatives - 2002 CS/HB 925
By the Fiscal Responsibility Council and Representatives
Attkisson and Lynn
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; providing for reemployment of
10 retired deputy sheriffs; amending ss. 175.191
11 and 185.18, F.S.; providing minimum retirement
12 benefits payable to certain Special Risk Class
13 members who are injured in the line of duty and
14 who are totally and permanently disabled due to
15 such injury; providing for contribution rate
16 increases to fund benefits provided in s.
17 121.091, F.S., as amended; directing the
18 Division of Statutory Revision to adjust
19 contribution rates set forth in s. 121.071,
20 F.S.; providing effective dates.
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22 Be It Enacted by the Legislature of the State of Florida:
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24 Section 1. Short title.--This act may be cited as the
25 "Officer Malcolm Thompson Act."
26 Section 2. It is declared by the Legislature that
27 firefighters, paramedics, emergency medical technicians, and
28 police officers, as defined in this act, perform state and
29 municipal functions; that it is their duty to protect life and
30 property at their own risk and peril; that it is their duty to
31 continuously instruct school personnel, public officials, and
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1 private citizens about safety; and that their activities are
2 vital to the public safety. Therefore, the Legislature
3 declares that it is a proper and legitimate state purpose to
4 provide a uniform retirement system for the benefit of
5 firefighters, paramedics, emergency medical technicians, and
6 police officers as defined in this act and intends, in
7 implementing the provisions of s. 14, Art. X of the State
8 Constitution as they relate to municipal and special district
9 pension trust fund systems and plans, that such retirement
10 systems or plans be managed, administered, operated, and
11 funded in such manner as to maximize the protection of pension
12 trust funds. Pursuant to s. 18, Art. VII of the State
13 Constitution, the Legislature hereby determines and declares
14 that the provisions of this act fulfill an important state
15 interest.
16 Section 3. Paragraph (b) of subsection (4) and
17 paragraph (b) of subsection (9) of section 121.091, Florida
18 Statutes, are amended to read:
19 121.091 Benefits payable under the system.--Benefits
20 may not be paid under this section unless the member has
21 terminated employment as provided in s. 121.021(39)(a) or
22 begun participation in the Deferred Retirement Option Program
23 as provided in subsection (13), and a proper application has
24 been filed in the manner prescribed by the department. The
25 department may cancel an application for retirement benefits
26 when the member or beneficiary fails to timely provide the
27 information and documents required by this chapter and the
28 department's rules. The department shall adopt rules
29 establishing procedures for application for retirement
30 benefits and for the cancellation of such application when the
31 required information or documents are not received.
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1 (4) DISABILITY RETIREMENT BENEFIT.--
2 (b) Total and permanent disability.--A member shall be
3 considered totally and permanently disabled if, in the opinion
4 of the administrator, he or she is prevented, by reason of a
5 medically determinable physical or mental impairment, from
6 rendering useful and efficient service as an officer or
7 employee. A Special Risk Class member who is an officer as
8 defined in s. 943.10(1), (2), or (3); a firefighter as defined
9 in s. 633.30(1); an emergency medical technician as defined in
10 s. 401.23(11); or a paramedic as defined in s. 401.23(17) who
11 is catastrophically injured as defined in s. 440.02(37) in the
12 line of duty as a result of a felonious act of another shall
13 be considered totally and permanently disabled and unable to
14 render useful and efficient service as an officer, unless the
15 administrator can provide documented competent medical
16 evidence that the officer is able to render useful and
17 efficient service as an officer. For purposes of this
18 subsection, the term "officer" includes police officers,
19 correctional officers, correctional probation officers,
20 firefighters, emergency medical technicians, and paramedics.
21 (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.--
22 (b)1. Any person who is retired under this chapter,
23 except under the disability retirement provisions of
24 subsection (4), may be reemployed by any private or public
25 employer after retirement and receive retirement benefits and
26 compensation from his or her employer without any limitations,
27 except that a person may not receive both a salary from
28 reemployment with any agency participating in the Florida
29 Retirement System and retirement benefits under this chapter
30 for a period of 12 months immediately subsequent to the date
31 of retirement. However, a DROP participant shall continue
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1 employment and receive a salary during the period of
2 participation in the Deferred Retirement Option Program, as
3 provided in subsection (13).
4 2. Any person to whom the limitation in subparagraph
5 1. applies who violates such reemployment limitation and who
6 is reemployed with any agency participating in the Florida
7 Retirement System before completion of the 12-month limitation
8 period shall give timely notice of this fact in writing to the
9 employer and to the division and shall have his or her
10 retirement benefits suspended for the balance of the 12-month
11 limitation period. Any person employed in violation of this
12 paragraph and any employing agency which knowingly employs or
13 appoints such person without notifying the Division of
14 Retirement to suspend retirement benefits shall be jointly and
15 severally liable for reimbursement to the retirement trust
16 fund of any benefits paid during the reemployment limitation
17 period. To avoid liability, such employing agency shall have
18 a written statement from the retiree that he or she is not
19 retired from a state-administered retirement system. Any
20 retirement benefits received while reemployed during this
21 reemployment limitation period shall be repaid to the
22 retirement trust fund, and retirement benefits shall remain
23 suspended until such repayment has been made. Benefits
24 suspended beyond the reemployment limitation shall apply
25 toward repayment of benefits received in violation of the
26 reemployment limitation.
27 3. A district school board may reemploy a retired
28 member as a substitute or hourly teacher, education
29 paraprofessional, transportation assistant, bus driver, or
30 food service worker on a noncontractual basis after he or she
31 has been retired for 1 calendar month, in accordance with s.
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1 121.021(39). Any retired member who is reemployed within 1
2 calendar month after retirement shall void his or her
3 application for retirement benefits. District school boards
4 reemploying such teachers, education paraprofessionals,
5 transportation assistants, bus drivers, or food service
6 workers are subject to the retirement contribution required by
7 subparagraph 8. 7. Reemployment of a retired member as a
8 substitute or hourly teacher, education paraprofessional,
9 transportation assistant, bus driver, or food service worker
10 is limited to 780 hours during the first 12 months of his or
11 her retirement. Any retired member reemployed for more than
12 780 hours during his or her first 12 months of retirement
13 shall give timely notice in writing to the employer and to the
14 division of the date he or she will exceed the limitation.
15 The division shall suspend his or her retirement benefits for
16 the remainder of the first 12 months of retirement. Any
17 person employed in violation of this subparagraph and any
18 employing agency which knowingly employs or appoints such
19 person without notifying the Division of Retirement to suspend
20 retirement benefits shall be jointly and severally liable for
21 reimbursement to the retirement trust fund of any benefits
22 paid during the reemployment limitation period. To avoid
23 liability, such employing agency shall have a written
24 statement from the retiree that he or she is not retired from
25 a state-administered retirement system. Any retirement
26 benefits received by a retired member while reemployed in
27 excess of 780 hours during the first 12 months of retirement
28 shall be repaid to the Retirement System Trust Fund, and his
29 or her retirement benefits shall remain suspended until
30 repayment is made. Benefits suspended beyond the end of the
31 retired member's first 12 months of retirement shall apply
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1 toward repayment of benefits received in violation of the
2 780-hour reemployment limitation.
3 4. A community college board of trustees may reemploy
4 a retired member as an adjunct instructor, that is, an
5 instructor who is noncontractual and part-time, or as a
6 participant in a phased retirement program within the Florida
7 Community College System, after he or she has been retired for
8 1 calendar month, in accordance with s. 121.021(39). Any
9 retired member who is reemployed within 1 calendar month after
10 retirement shall void his or her application for retirement
11 benefits. Boards of trustees reemploying such instructors are
12 subject to the retirement contribution required in
13 subparagraph 8. 7. A retired member may be reemployed as an
14 adjunct instructor for no more than 780 hours during the first
15 12 months of retirement. Any retired member reemployed for
16 more than 780 hours during the first 12 months of retirement
17 shall give timely notice in writing to the employer and to the
18 division of the date he or she will exceed the limitation.
19 The division shall suspend his or her retirement benefits for
20 the remainder of the first 12 months of retirement. Any
21 person employed in violation of this subparagraph and any
22 employing agency which knowingly employs or appoints such
23 person without notifying the Division of Retirement to suspend
24 retirement benefits shall be jointly and severally liable for
25 reimbursement to the retirement trust fund of any benefits
26 paid during the reemployment limitation period. To avoid
27 liability, such employing agency shall have a written
28 statement from the retiree that he or she is not retired from
29 a state-administered retirement system. Any retirement
30 benefits received by a retired member while reemployed in
31 excess of 780 hours during the first 12 months of retirement
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1 shall be repaid to the Retirement System Trust Fund, and
2 retirement benefits shall remain suspended until repayment is
3 made. Benefits suspended beyond the end of the retired
4 member's first 12 months of retirement shall apply toward
5 repayment of benefits received in violation of the 780-hour
6 reemployment limitation.
7 5. The State University System may reemploy a retired
8 member as an adjunct faculty member or as a participant in a
9 phased retirement program within the State University System
10 after the retired member has been retired for 1 calendar
11 month, in accordance with s. 121.021(39). Any retired member
12 who is reemployed within 1 calendar month after retirement
13 shall void his or her application for retirement benefits.
14 The State University System is subject to the retired
15 contribution required in subparagraph 8. 7., as appropriate. A
16 retired member may be reemployed as an adjunct faculty member
17 or a participant in a phased retirement program for no more
18 than 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
23 division shall suspend his or her retirement benefits for the
24 remainder of the first 12 months of retirement. Any person
25 employed in violation of this subparagraph and any employing
26 agency which knowingly employs or appoints such person without
27 notifying the Division of Retirement to suspend retirement
28 benefits shall be jointly and severally liable for
29 reimbursement to the retirement trust fund of any benefits
30 paid during the reemployment limitation period. To avoid
31 liability, such employing agency shall have a written
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1 statement from the retiree that he or she is not retired from
2 a state-administered retirement system. Any retirement
3 benefits received by a retired member while reemployed in
4 excess of 780 hours during the first 12 months of retirement
5 shall be repaid to the Retirement System Trust Fund, and
6 retirement benefits shall remain suspended until repayment is
7 made. Benefits suspended beyond the end of the retired
8 member's first 12 months of retirement shall apply toward
9 repayment of benefits received in violation of the 780-hour
10 reemployment limitation.
11 6. The Board of Trustees of the Florida School for the
12 Deaf and the Blind may reemploy a retired member as a
13 substitute teacher, substitute residential instructor, or
14 substitute nurse on a noncontractual basis after he or she has
15 been retired for 1 calendar month, in accordance with s.
16 121.021(39). Any retired member who is reemployed within 1
17 calendar month after retirement shall void his or her
18 application for retirement benefits. The Board of Trustees of
19 the Florida School for the Deaf and the Blind reemploying such
20 teachers, residential instructors, or nurses is subject to the
21 retirement contribution required by subparagraph 8. 7.
22 Reemployment of a retired member as a substitute teacher,
23 substitute residential instructor, or substitute nurse is
24 limited to 780 hours during the first 12 months of his or her
25 retirement. Any retired member reemployed for more than 780
26 hours during the first 12 months of retirement shall give
27 timely notice in writing to the employer and to the division
28 of the date he or she will exceed the limitation. The division
29 shall suspend his or her retirement benefits for the remainder
30 of the first 12 months of retirement. Any person employed in
31 violation of this subparagraph and any employing agency which
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1 knowingly employs or appoints such person without notifying
2 the Division of Retirement to suspend retirement benefits
3 shall be jointly and severally liable for reimbursement to the
4 retirement trust fund of any benefits paid during the
5 reemployment limitation period. To avoid liability, such
6 employing agency shall have a written statement from the
7 retiree that he or she is not retired from a
8 state-administered retirement system. Any retirement benefits
9 received by a retired member while reemployed in excess of 780
10 hours during the first 12 months of retirement shall be repaid
11 to the Retirement System Trust Fund, and his or her retirement
12 benefits shall remain suspended until payment is made.
13 Benefits suspended beyond the end of the retired member's
14 first 12 months of retirement shall apply toward repayment of
15 benefits received in violation of the 780-hour reemployment
16 limitation.
17 7. A sheriff may reemploy a retired member as a deputy
18 sheriff on a contractual basis after the retired member has
19 been retired for 1 calendar month, in accordance with s.
20 121.021(39). Any retired member who is reemployed within 1
21 calendar month after retirement shall void his or her
22 application for retirement benefits. Sheriffs reemploying such
23 deputy sheriffs are subject to the retirement contribution
24 required in subparagraph 8. Reemployment of a retired deputy
25 sheriff is limited to no more than 780 hours during the first
26 12 months of his or her retirement. Any retired member
27 reemployed for more than 780 hours during the first 12 months
28 of retirement shall give timely notice in writing to the
29 employer and to the division of the date he or she will exceed
30 the limitation. The division shall suspend his or her
31 retirement benefits for the remainder of the first 12 months
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1 of retirement. Any person employed in violation of this
2 subparagraph and any employing agency that knowingly employs
3 or appoints such person without notifying the Division of
4 Retirement to suspend retirement benefits shall be jointly and
5 severally liable for reimbursement to the retirement trust
6 fund of any benefits paid during the reemployment limitation
7 period. To avoid liability, such employing agency shall have a
8 written statement from the retiree that he or she is not
9 retired from a state-administered retirement system. Any
10 retirement benefits received by a retired member while
11 reemployed in excess of 780 hours during the first 12 months
12 of retirement shall be repaid to the Retirement System Trust
13 Fund, and retirement benefits shall remain suspended until
14 repayment is made. Benefits suspended beyond the end of the
15 retired member's first 12 months of retirement shall apply
16 toward repayment of benefits received in violation of the
17 780-hour reemployment limitation.
18 8.7. The employment by an employer of any retiree or
19 DROP participant of any state-administered retirement system
20 shall have no effect on the average final compensation or
21 years of creditable service of the retiree or DROP
22 participant. Prior to July 1, 1991, upon employment of any
23 person, other than an elected officer as provided in s.
24 121.053, who has been retired under any state-administered
25 retirement program, the employer shall pay retirement
26 contributions in an amount equal to the unfunded actuarial
27 liability portion of the employer contribution which would be
28 required for regular members of the Florida Retirement System.
29 Effective July 1, 1991, contributions shall be made as
30 provided in s. 121.122 for retirees with renewed membership or
31 subsection (13) with respect to DROP participants.
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1 9.8. Any person who has previously retired and who is
2 holding an elective public office or an appointment to an
3 elective public office eligible for the Elected Officers'
4 Class on or after July 1, 1990, shall be enrolled in the
5 Florida Retirement System as provided in s. 121.053(1)(b) or,
6 if holding an elective public office that does not qualify for
7 the Elected Officers' Class on or after July 1, 1991, shall be
8 enrolled in the Florida Retirement System as provided in s.
9 121.122, and shall continue to receive retirement benefits as
10 well as compensation for the elected officer's service for as
11 long as he or she remains in elective office. However, any
12 retired member who served in an elective office prior to July
13 1, 1990, suspended his or her retirement benefit, and had his
14 or her Florida Retirement System membership reinstated shall,
15 upon retirement from such office, have his or her retirement
16 benefit recalculated to include the additional service and
17 compensation earned.
18 10.9. Any person who is holding an elective public
19 office which is covered by the Florida Retirement System and
20 who is concurrently employed in nonelected covered employment
21 may elect to retire while continuing employment in the
22 elective public office, provided that he or she shall be
23 required to terminate his or her nonelected covered
24 employment. Any person who exercises this election shall
25 receive his or her retirement benefits in addition to the
26 compensation of the elective office without regard to the time
27 limitations otherwise provided in this subsection. No person
28 who seeks to exercise the provisions of this subparagraph, as
29 the same existed prior to May 3, 1984, shall be deemed to be
30 retired under those provisions, unless such person is eligible
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1 to retire under the provisions of this subparagraph, as
2 amended by chapter 84-11, Laws of Florida.
3 11.10. The limitations of this paragraph apply to
4 reemployment in any capacity with an "employer" as defined in
5 s. 121.021(10), irrespective of the category of funds from
6 which the person is compensated.
7 Section 4. Subsection (5) of section 175.191, Florida
8 Statutes, is amended to read:
9 175.191 Disability retirement.--For any municipality,
10 special fire control district, chapter plan, local law
11 municipality, local law special fire control district, or
12 local law plan under this chapter:
13 (5) The benefit payable to a firefighter who retires
14 from the service of a municipality or special fire control
15 district due to total and permanent disability as a direct
16 result of a disability is the monthly income payable for 10
17 years certain and life for which, if the firefighter's
18 disability occurred in the line of duty, his or her monthly
19 benefit shall be the accrued retirement benefit, but shall not
20 be less than 42 percent of his or her average monthly salary
21 at the time of disability. If after 10 years of service the
22 disability is other than in the line of duty, the
23 firefighter's monthly benefit shall be the accrued normal
24 retirement benefit, but shall not be less than 25 percent of
25 his or her average monthly salary at the time of disability.
26 Notwithstanding any provision to the contrary, the monthly
27 retirement benefit payable to a firefighter, emergency medical
28 technician, or paramedic who retires from service due to total
29 and permanent disability as a result of a catastrophic injury
30 as defined in s. 440.02(37) where such injury is a result of a
31 felonious act of another shall be the accrued retirement
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1 benefit but shall not be less than 80 percent of his or her
2 average monthly salary at the time of disability.
3 Section 5. Subsection (5) of section 185.18, Florida
4 Statutes, is amended to read:
5 185.18 Disability retirement.--For any municipality,
6 chapter plan, local law municipality, or local law plan under
7 this chapter:
8 (5) The benefit payable to a police officer who
9 retires from the service of the city with a total and
10 permanent disability as a result of a disability is the
11 monthly income payable for 10 years certain and life for
12 which, if the police officer's disability occurred in the line
13 of duty, his or her monthly benefit shall be the accrued
14 retirement benefit, but shall not be less than 42 percent of
15 his or her average monthly compensation as of the police
16 officer's disability retirement date. If after 10 years of
17 service the disability is other than in the line of duty, the
18 police officer's monthly benefit shall be the accrued normal
19 retirement benefit, but shall not be less than 25 percent of
20 his or her average monthly compensation as of the police
21 officer's disability retirement date. Notwithstanding any
22 provision to the contrary, the monthly retirement benefit
23 payable to a police officer who retires from service due to
24 total and permanent disability as a result of a catastrophic
25 injury as defined in s. 440.02(37) where such injury is a
26 result of a felonious act of another shall be the accrued
27 retirement benefit but shall not be less than 80 percent of
28 the officer's average monthly compensation as of the officer's
29 disability retirement date.
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1 Section 6. Effective July 1, 2002, in order to fund
2 the benefits provided in s. 121.091, Florida Statutes, as
3 amended by this act:
4 (1) The contribution rate that applies to the Special
5 Risk Class of the defined benefit program of the Florida
6 Retirement System shall be increased by 0.02 percentage
7 points; and
8 (2) The contribution rate that applies to the Special
9 Risk Administrative Support Class of the defined benefit
10 program of the Florida Retirement System shall be increased by
11 0.14 percentage points.
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13 These increases shall be in addition to all other changes to
14 such contribution rates which may be enacted into law to take
15 effect on that date. The Division of Statutory Revision is
16 directed to adjust accordingly the contribution rates set
17 forth in s. 121.071, Florida Statutes.
18 Section 7. Except as otherwise provided herein, this
19 act shall take effect upon becoming a law.
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