HB 0147 2003
1	A bill to be entitled
2	An act relating to retirement; providing a popular name;
3	providing legislative intent; amending s. 121.091, F.S.;
4	revising provisions relating to benefits payable for total
5	and permanent disability for certain Special Risk Class
6	members of the Florida Retirement System who are injured
7	in the line of duty; providing for reemployment of retired
8	deputy sheriffs; amending ss. 175.191 and 185.18, F.S.;
9	providing minimum retirement benefits payable to certain
10	Special Risk Class members who are injured in the line of
11	duty and who are totally and permanently disabled due to
12	such injury; providing for contribution rate increases to
13	fund benefits provided in s. 121.091, F.S., as amended;
14	directing the Division of Statutory Revision to adjust
15	contribution rates set forth in s. 121.071, F.S.;
16	providing an effective date.
17
18	Be It Enacted by the Legislature of the State of Florida:
19
20	Section 1.This act shall be known by the popular name
21	"Officer Malcolm Thompson Act."
22	Section 2.It is declared by the Legislature that
23	firefighters, emergency medical technicians, paramedics, law
24	enforcement officers, correctional officers, and correctional
25	probation officers, as defined in this act, perform state and
26	municipal functions; that it is their duty to protect life and
27	property at their own risk and peril; that it is their duty to
28	continuously instruct school personnel, public officials, and
29	private citizens about safety; and that their activities are
30	vital to the public safety. Therefore, the Legislature declares
31	that it is a proper and legitimate state purpose to provide a
32	uniform retirement system for the benefit of firefighters,
33	emergency medical technicians, paramedics, law enforcement
34	officers, correctional officers, and correctional probation
35	officers, as defined in this act, and intends, in implementing
36	the provisions of s. 14, Art. X of the State Constitution as
37	they relate to municipal and special district pension trust fund
38	systems and plans, that such retirement systems or plans be
39	managed, administered, operated, and funded in such manner as to
40	maximize the protection of pension trust funds. Pursuant to s.
41	18, Art. VII of the State Constitution, the Legislature hereby
42	determines and declares that the provisions of this act fulfill
43	an important state interest.
44	Section 3. Paragraph (b) of subsection (4) and paragraph
45	(b) of subsection (9) of section 121.091, Florida Statutes, are
46	amended to read:
47	121.091 Benefits payable under the system.--Benefits may
48	not be paid under this section unless the member has terminated
49	employment as provided in s. 121.021(39)(a) or begun
50	participation in the Deferred Retirement Option Program as
51	provided in subsection (13), and a proper application has been
52	filed in the manner prescribed by the department. The department
53	may cancel an application for retirement benefits when the
54	member or beneficiary fails to timely provide the information
55	and documents required by this chapter and the department's
56	rules. The department shall adopt rules establishing procedures
57	for application for retirement benefits and for the cancellation
58	of such application when the required information or documents
59	are not received.
60	(4) DISABILITY RETIREMENT BENEFIT.--
61	(b) Total and permanent disability.--A member shall be
62	considered totally and permanently disabled if, in the opinion
63	of the administrator, he or she is prevented, by reason of a
64	medically determinable physical or mental impairment, from
65	rendering useful and efficient service as an officer or
66	employee.A Special Risk Class member who is an officer as
67	defined in s. 943.10(1), (2), or (3); a firefighter as defined
68	in s. 633.30(1); an emergency medical technician as defined in
69	s. 401.23(11); or a paramedic as defined in s. 401.23(17) who is
70	catastrophically injured as defined in s. 440.02(38) in the line
71	of duty as a result of a felonious act of another shall be
72	considered totally and permanently disabled and unable to render
73	useful and efficient service as an officer, unless the
74	administrator can provide documented competent medical evidence
75	that the officer is able to render useful and efficient service
76	as an officer. For purposes of this subsection, the term
77	"officer" includes police officers, correctional officers,
78	correctional probation officers, firefighters, emergency medical
79	technicians, and paramedics.
80	(9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.--
81	(b)1. Any person who is retired under this chapter, except
82	under the disability retirement provisions of subsection (4),
83	may be reemployed by any private or public employer after
84	retirement and receive retirement benefits and compensation from
85	his or her employer without any limitations, except that a
86	person may not receive both a salary from reemployment with any
87	agency participating in the Florida Retirement System and
88	retirement benefits under this chapter for a period of 12 months
89	immediately subsequent to the date of retirement. However, a
90	DROP participant shall continue employment and receive a salary
91	during the period of participation in the Deferred Retirement
92	Option Program, as provided in subsection (13).
93	2. Any person to whom the limitation in subparagraph 1.
94	applies who violates such reemployment limitation and who is
95	reemployed with any agency participating in the Florida
96	Retirement System before completion of the 12-month limitation
97	period shall give timely notice of this fact in writing to the
98	employer and to the division and shall have his or her
99	retirement benefits suspended for the balance of the 12-month
100	limitation period. Any person employed in violation of this
101	paragraph and any employing agency which knowingly employs or
102	appoints such person without notifying the Division of
103	Retirement to suspend retirement benefits shall be jointly and
104	severally liable for reimbursement to the retirement trust fund
105	of any benefits paid during the reemployment limitation period.
106	To avoid liability, such employing agency shall have a written
107	statement from the retiree that he or she is not retired from a
108	state-administered retirement system. Any retirement benefits
109	received while reemployed during this reemployment limitation
110	period shall be repaid to the retirement trust fund, and
111	retirement benefits shall remain suspended until such repayment
112	has been made. Benefits suspended beyond the reemployment
113	limitation shall apply toward repayment of benefits received in
114	violation of the reemployment limitation.
115	3. A district school board may reemploy a retired member
116	as a substitute or hourly teacher, education paraprofessional,
117	transportation assistant, bus driver, or food service worker on
118	a noncontractual basis after he or she has been retired for 1
119	calendar month, in accordance with s. 121.021(39). Any retired
120	member who is reemployed within 1 calendar month after
121	retirement shall void his or her application for retirement
122	benefits. District school boards reemploying such teachers,
123	education paraprofessionals, transportation assistants, bus
124	drivers, or food service workers are subject to the retirement
125	contribution required by subparagraph8.7.Reemployment of a
126	retired member as a substitute or hourly teacher, education
127	paraprofessional, transportation assistant, bus driver, or food
128	service worker is limited to 780 hours during the first 12
129	months of his or her retirement. Any retired member reemployed
130	for more than 780 hours during his or her first 12 months of
131	retirement shall give timely notice in writing to the employer
132	and to the division of the date he or she will exceed the
133	limitation. The division shall suspend his or her retirement
134	benefits for the remainder of the first 12 months of retirement.
135	Any person employed in violation of this subparagraph and any
136	employing agency which knowingly employs or appoints such person
137	without notifying the Division of Retirement to suspend
138	retirement benefits shall be jointly and severally liable for
139	reimbursement to the retirement trust fund of any benefits paid
140	during the reemployment limitation period. To avoid liability,
141	such employing agency shall have a written statement from the
142	retiree that he or she is not retired from a state-administered
143	retirement system. Any retirement benefits received by a retired
144	member while reemployed in excess of 780 hours during the first
145	12 months of retirement shall be repaid to the Retirement System
146	Trust Fund, and his or her retirement benefits shall remain
147	suspended until repayment is made. Benefits suspended beyond the
148	end of the retired member's first 12 months of retirement shall
149	apply toward repayment of benefits received in violation of the
150	780-hour reemployment limitation.
151	4. A community college board of trustees may reemploy a
152	retired member as an adjunct instructor, that is, an instructor
153	who is noncontractual and part-time, or as a participant in a
154	phased retirement program within the Florida Community College
155	System, after he or she has been retired for 1 calendar month,
156	in accordance with s. 121.021(39). Any retired member who is
157	reemployed within 1 calendar month after retirement shall void
158	his or her application for retirement benefits. Boards of
159	trustees reemploying such instructors are subject to the
160	retirement contribution required in subparagraph8.7.A retired
161	member may be reemployed as an adjunct instructor for no more
162	than 780 hours during the first 12 months of retirement. Any
163	retired member reemployed for more than 780 hours during the
164	first 12 months of retirement shall give timely notice in
165	writing to the employer and to the division of the date he or
166	she will exceed the limitation. The division shall suspend his
167	or her retirement benefits for the remainder of the first 12
168	months of retirement. Any person employed in violation of this
169	subparagraph and any employing agency which knowingly employs or
170	appoints such person without notifying the Division of
171	Retirement to suspend retirement benefits shall be jointly and
172	severally liable for reimbursement to the retirement trust fund
173	of any benefits paid during the reemployment limitation period.
174	To avoid liability, such employing agency shall have a written
175	statement from the retiree that he or she is not retired from a
176	state-administered retirement system. Any retirement benefits
177	received by a retired member while reemployed in excess of 780
178	hours during the first 12 months of retirement shall be repaid
179	to the Retirement System Trust Fund, and retirement benefits
180	shall remain suspended until repayment is made. Benefits
181	suspended beyond the end of the retired member's first 12 months
182	of retirement shall apply toward repayment of benefits received
183	in violation of the 780-hour reemployment limitation.
184	5. The State University System may reemploy a retired
185	member as an adjunct faculty member or as a participant in a
186	phased retirement program within the State University System
187	after the retired member has been retired for 1 calendar month,
188	in accordance with s. 121.021(39). Any retired member who is
189	reemployed within 1 calendar month after retirement shall void
190	his or her application for retirement benefits. The State
191	University System is subject to the retired contribution
192	required in subparagraph8.7., as appropriate. A retired member
193	may be reemployed as an adjunct faculty member or a participant
194	in a phased retirement program for no more than 780 hours during
195	the first 12 months of his or her retirement. Any retired member
196	reemployed for more than 780 hours during the first 12 months of
197	retirement shall give timely notice in writing to the employer
198	and to the division of the date he or she will exceed the
199	limitation. The division shall suspend his or her retirement
200	benefits for the remainder of the first 12 months of retirement.
201	Any person employed in violation of this subparagraph and any
202	employing agency which knowingly employs or appoints such person
203	without notifying the Division of Retirement to suspend
204	retirement benefits shall be jointly and severally liable for
205	reimbursement to the retirement trust fund of any benefits paid
206	during the reemployment limitation period. To avoid liability,
207	such employing agency shall have a written statement from the
208	retiree that he or she is not retired from a state-administered
209	retirement system. Any retirement benefits received by a retired
210	member while reemployed in excess of 780 hours during the first
211	12 months of retirement shall be repaid to the Retirement System
212	Trust Fund, and retirement benefits shall remain suspended until
213	repayment is made. Benefits suspended beyond the end of the
214	retired member's first 12 months of retirement shall apply
215	toward repayment of benefits received in violation of the 780-
216	hour reemployment limitation.
217	6. The Board of Trustees of the Florida School for the
218	Deaf and the Blind may reemploy a retired member as a substitute
219	teacher, substitute residential instructor, or substitute nurse
220	on a noncontractual basis after he or she has been retired for 1
221	calendar month, in accordance with s. 121.021(39). Any retired
222	member who is reemployed within 1 calendar month after
223	retirement shall void his or her application for retirement
224	benefits. The Board of Trustees of the Florida School for the
225	Deaf and the Blind reemploying such teachers, residential
226	instructors, or nurses is subject to the retirement contribution
227	required by subparagraph8.7.Reemployment of a retired member
228	as a substitute teacher, substitute residential instructor, or
229	substitute nurse is limited to 780 hours during the first 12
230	months of his or her retirement. Any retired member reemployed
231	for more than 780 hours during the first 12 months of retirement
232	shall give timely notice in writing to the employer and to the
233	division of the date he or she will exceed the limitation. The
234	division shall suspend his or her retirement benefits for the
235	remainder of the first 12 months of retirement. Any person
236	employed in violation of this subparagraph and any employing
237	agency which knowingly employs or appoints such person without
238	notifying the Division of Retirement to suspend retirement
239	benefits shall be jointly and severally liable for reimbursement
240	to the retirement trust fund of any benefits paid during the
241	reemployment limitation period. To avoid liability, such
242	employing agency shall have a written statement from the retiree
243	that he or she is not retired from a state-administered
244	retirement system. Any retirement benefits received by a retired
245	member while reemployed in excess of 780 hours during the first
246	12 months of retirement shall be repaid to the Retirement System
247	Trust Fund, and his or her retirement benefits shall remain
248	suspended until payment is made. Benefits suspended beyond the
249	end of the retired member's first 12 months of retirement shall
250	apply toward repayment of benefits received in violation of the
251	780-hour reemployment limitation.
252	7. A sheriff may reemploy a retired member as a deputy
253	sheriff after the retired member has been retired for 1 calendar
254	month, in accordance with s. 121.021(39). Any retired member who
255	is reemployed within 1 calendar month after retirement shall
256	void his or her application for retirement benefits. Sheriffs
257	reemploying such deputy sheriffs are subject to the retirement
258	contribution required in subparagraph 8. Reemployment of a
259	retired deputy sheriff is limited to no more than 780 hours
260	during the first 12 months of his or her retirement. Any retired
261	member reemployed for more than 780 hours during the first 12
262	months of retirement shall give timely notice in writing to the
263	employer and to the division of the date he or she will exceed
264	the limitation. The division shall suspend his or her retirement
265	benefits for the remainder of the first 12 months of retirement.
266	Any person employed in violation of this subparagraph and any
267	employing agency that knowingly employs or appoints such person
268	without notifying the Division of Retirement to suspend
269	retirement benefits shall be jointly and severally liable for
270	reimbursement to the retirement trust fund of any benefits paid
271	during the reemployment limitation period. To avoid liability,
272	such employing agency shall have a written statement from the
273	retiree that he or she is not retired from a state-administered
274	retirement system. Any retirement benefits received by a retired
275	member while reemployed in excess of 780 hours during the first
276	12 months of retirement shall be repaid to the Retirement System
277	Trust Fund, and retirement benefits shall remain suspended until
278	repayment is made. Benefits suspended beyond the end of the
279	retired member's first 12 months of retirement shall apply
280	toward repayment of benefits received in violation of the 780-
281	hour reemployment limitation.
282	8.7.The employment by an employer of any retiree or DROP
283	participant of any state-administered retirement system shall
284	have no effect on the average final compensation or years of
285	creditable service of the retiree or DROP participant. Prior to
286	July 1, 1991, upon employment of any person, other than an
287	elected officer as provided in s. 121.053, who has been retired
288	under any state-administered retirement program, the employer
289	shall pay retirement contributions in an amount equal to the
290	unfunded actuarial liability portion of the employer
291	contribution which would be required for regular members of the
292	Florida Retirement System. Effective July 1, 1991, contributions
293	shall be made as provided in s. 121.122 for retirees with
294	renewed membership or subsection (13) with respect to DROP
295	participants.
296	9.8.Any person who has previously retired and who is
297	holding an elective public office or an appointment to an
298	elective public office eligible for the Elected Officers' Class
299	on or after July 1, 1990, shall be enrolled in the Florida
300	Retirement System as provided in s. 121.053(1)(b) or, if holding
301	an elective public office that does not qualify for the Elected
302	Officers' Class on or after July 1, 1991, shall be enrolled in
303	the Florida Retirement System as provided in s. 121.122, and
304	shall continue to receive retirement benefits as well as
305	compensation for the elected officer's service for as long as he
306	or she remains in elective office. However, any retired member
307	who served in an elective office prior to July 1, 1990,
308	suspended his or her retirement benefit, and had his or her
309	Florida Retirement System membership reinstated shall, upon
310	retirement from such office, have his or her retirement benefit
311	recalculated to include the additional service and compensation
312	earned.
313	10.9.Any person who is holding an elective public office
314	which is covered by the Florida Retirement System and who is
315	concurrently employed in nonelected covered employment may elect
316	to retire while continuing employment in the elective public
317	office, provided that he or she shall be required to terminate
318	his or her nonelected covered employment. Any person who
319	exercises this election shall receive his or her retirement
320	benefits in addition to the compensation of the elective office
321	without regard to the time limitations otherwise provided in
322	this subsection. No person who seeks to exercise the provisions
323	of this subparagraph, as the same existed prior to May 3, 1984,
324	shall be deemed to be retired under those provisions, unless
325	such person is eligible to retire under the provisions of this
326	subparagraph, as amended by chapter 84-11, Laws of Florida.
327	11.10.The limitations of this paragraph apply to
328	reemployment in any capacity with an "employer" as defined in s.
329	121.021(10), irrespective of the category of funds from which
330	the person is compensated.
331	12.11.An employing agency may reemploy a retired member
332	as a firefighter or paramedic after the retired member has been
333	retired for 1 calendar month, in accordance with s. 121.021(39).
334	Any retired member who is reemployed within 1 calendar month
335	after retirement shall void his or her application for
336	retirement benefits. The employing agency reemploying such
337	firefighter or paramedic is subject to the retired contribution
338	required in subparagraph9.8.Reemployment of a retired
339	firefighter or paramedic is limited to no more than 780 hours
340	during the first 12 months of his or her retirement. Any retired
341	member reemployed for more than 780 hours during the first 12
342	months of retirement shall give timely notice in writing to the
343	employer and to the division of the date he or she will exceed
344	the limitation. The division shall suspend his or her retirement
345	benefits for the remainder of the first 12 months of retirement.
346	Any person employed in violation of this subparagraph and any
347	employing agency which knowingly employs or appoints such person
348	without notifying the Division of Retirement to suspend
349	retirement benefits shall be jointly and severally liable for
350	reimbursement to the Retirement System Trust Fund of any
351	benefits paid during the reemployment limitation period. To
352	avoid liability, such employing agency shall have a written
353	statement from the retiree that he or she is not retired from a
354	state-administered retirement system. Any retirement benefits
355	received by a retired member while reemployed in excess of 780
356	hours during the first 12 months of retirement shall be repaid
357	to the Retirement System Trust Fund, and retirement benefits
358	shall remain suspended until repayment is made. Benefits
359	suspended beyond the end of the retired member's first 12 months
360	of retirement shall apply toward repayment of benefits received
361	in violation of the 780-hour reemployment limitation.
362	Section 4. Subsection (5) of section 175.191, Florida
363	Statutes, is amended to read:
364	175.191 Disability retirement.--For any municipality,
365	special fire control district, chapter plan, local law
366	municipality, local law special fire control district, or local
367	law plan under this chapter:
368	(5) The benefit payable to a firefighter who retires from
369	the service of a municipality or special fire control district
370	due to total and permanent disability as a direct result of a
371	disability is the monthly income payable for 10 years certain
372	and life for which, if the firefighter's disability occurred in
373	the line of duty, his or her monthly benefit shall be the
374	accrued retirement benefit, but shall not be less than 42
375	percent of his or her average monthly salary at the time of
376	disability. If after 10 years of service the disability is other
377	than in the line of duty, the firefighter's monthly benefit
378	shall be the accrued normal retirement benefit, but shall not be
379	less than 25 percent of his or her average monthly salary at the
380	time of disability.Notwithstanding any provision to the
381	contrary, the monthly retirement benefit payable to a
382	firefighter, emergency medical technician, or paramedic who
383	retires from service due to total and permanent disability as a
384	result of a catastrophic injury as defined in s. 440.02(38)
385	suffered in the line of duty where such injury is a result of a
386	felonious act of another shall be the accrued retirement benefit
387	but shall not be less than 80 percent of his or her average
388	monthly salary at the time of disability.
389	Section 5. Subsection (5) of section 185.18, Florida
390	Statutes, is amended to read:
391	185.18 Disability retirement.--For any municipality,
392	chapter plan, local law municipality, or local law plan under
393	this chapter:
394	(5) The benefit payable to a police officer who retires
395	from the service of the city with a total and permanent
396	disability as a result of a disability is the monthly income
397	payable for 10 years certain and life for which, if the police
398	officer's disability occurred in the line of duty, his or her
399	monthly benefit shall be the accrued retirement benefit, but
400	shall not be less than 42 percent of his or her average monthly
401	compensation as of the police officer's disability retirement
402	date. If after 10 years of service the disability is other than
403	in the line of duty, the police officer's monthly benefit shall
404	be the accrued normal retirement benefit, but shall not be less
405	than 25 percent of his or her average monthly compensation as of
406	the police officer's disability retirement date.Notwithstanding
407	any provision to the contrary, the monthly retirement benefit
408	payable to a police officer who retires from service due to
409	total and permanent disability as a result of a catastrophic
410	injury as defined in s. 440.02(38) suffered in the line of duty
411	where such injury is a result of a felonious act of another
412	shall be the accrued retirement benefit but shall not be less
413	than 80 percent of the officer's average monthly compensation as
414	of the officer's disability retirement date.
415	Section 6.Effective July 1, 2003, in order to fund the
416	benefits provided in s. 121.091, Florida Statutes, as amended by
417	this act:
418	(1) The contribution rate that applies to the Special Risk
419	Class of the defined benefit program of the Florida Retirement
420	System shall be increased by 0.02 percentage points; and
421	(2) The contribution rate that applies to the Special Risk
422	Administrative Support Class of the defined benefit program of
423	the Florida Retirement System shall be increased by 0.14
424	percentage points.
425
426	These increases shall be in addition to all other changes to
427	such contribution rates which may be enacted into law to take
428	effect on that date. The Division of Statutory Revision is
429	directed to adjust accordingly the contribution rates set forth
430	in s. 121.071, Florida Statutes.
431	Section 7. This act shall take effect upon becoming a law.
432