Senate Bill sb2038

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    Florida Senate - 2003                                  SB 2038

    By Senator Smith





    14-1004-03                                          See HB 147

  1                      A bill to be entitled

  2         An act relating to retirement; providing a

  3         popular name; providing legislative intent;

  4         amending s. 121.091, F.S.; revising provisions

  5         relating to benefits payable for total and

  6         permanent disability for certain Special Risk

  7         Class members of the Florida Retirement System

  8         who are injured in the line of duty; providing

  9         for reemployment of retired deputy sheriffs;

10         amending ss. 175.191 and 185.18, F.S.;

11         providing minimum retirement benefits payable

12         to certain Special Risk Class members who are

13         injured in the line of duty and who are totally

14         and permanently disabled due to such injury;

15         providing for contribution rate increases to

16         fund benefits provided in s. 121.091, F.S., as

17         amended; directing the Division of Statutory

18         Revision to adjust contribution rates set forth

19         in s. 121.071, F.S.; providing an effective

20         date.

21  

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

23  

24         Section 1.  This act shall be known by the popular name

25  "Officer Malcolm Thompson Act."

26         Section 2.  It is declared by the Legislature that

27  firefighters, emergency medical technicians, paramedics, law

28  enforcement officers, correctional officers, and correctional

29  probation officers, as defined in this act, perform state and

30  municipal functions; that it is their duty to protect life and

31  property at their own risk and peril; that it is their duty to

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    Florida Senate - 2003                                  SB 2038
    14-1004-03                                          See HB 147




 1  continuously instruct school personnel, public officials, and

 2  private citizens about safety; and that their activities are

 3  vital to the public safety. Therefore, the Legislature

 4  declares that it is a proper and legitimate state purpose to

 5  provide a uniform retirement system for the benefit of

 6  firefighters, emergency medical technicians, paramedics, law

 7  enforcement officers, correctional officers, and correctional

 8  probation officers, as defined in this act, and intends, in

 9  implementing the provisions of Section 14, Article X of the

10  State Constitution as they relate to municipal and special

11  district pension trust fund systems and plans, that such

12  retirement systems or plans be managed, administered,

13  operated, and funded in such manner as to maximize the

14  protection of pension trust funds. Pursuant to Section 18,

15  Article VII of the State Constitution, the Legislature

16  determines and declares that the provisions of this act

17  fulfill an important state interest.

18         Section 3.  Paragraph (b) of subsection (4) and

19  paragraph (b) of subsection (9) of section 121.091, Florida

20  Statutes, are amended to read:

21         121.091  Benefits payable under the system.--Benefits

22  may not be paid under this section unless the member has

23  terminated employment as provided in s. 121.021(39)(a) or

24  begun participation in the Deferred Retirement Option Program

25  as provided in subsection (13), and a proper application has

26  been filed in the manner prescribed by the department. The

27  department may cancel an application for retirement benefits

28  when the member or beneficiary fails to timely provide the

29  information and documents required by this chapter and the

30  department's rules. The department shall adopt rules

31  establishing procedures for application for retirement

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    Florida Senate - 2003                                  SB 2038
    14-1004-03                                          See HB 147




 1  benefits and for the cancellation of such application when the

 2  required information or documents are not received.

 3         (4)  DISABILITY RETIREMENT BENEFIT.--

 4         (b)  Total and permanent disability.--A member shall be

 5  considered totally and permanently disabled if, in the opinion

 6  of the administrator, he or she is prevented, by reason of a

 7  medically determinable physical or mental impairment, from

 8  rendering useful and efficient service as an officer or

 9  employee. A Special Risk Class member who is an officer as

10  defined in s. 943.10(1), (2), or (3); a firefighter as defined

11  in s. 633.30(1); an emergency medical technician as defined in

12  s. 401.23(11); or a paramedic as defined in s. 401.23(17) who

13  is catastrophically injured as defined in s. 440.02(38) in the

14  line of duty as a result of a felonious act of another shall

15  be considered totally and permanently disabled and unable to

16  render useful and efficient service as an officer, unless the

17  administrator can provide documented competent medical

18  evidence that the officer is able to render useful and

19  efficient service as an officer. For purposes of this

20  subsection, the term "officer" includes police officers,

21  correctional officers, correctional probation officers,

22  firefighters, emergency medical technicians, and paramedics.

23         (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--

24         (b)1.  Any person who is retired under this chapter,

25  except under the disability retirement provisions of

26  subsection (4), may be reemployed by any private or public

27  employer after retirement and receive retirement benefits and

28  compensation from his or her employer without any limitations,

29  except that a person may not receive both a salary from

30  reemployment with any agency participating in the Florida

31  Retirement System and retirement benefits under this chapter

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    Florida Senate - 2003                                  SB 2038
    14-1004-03                                          See HB 147




 1  for a period of 12 months immediately subsequent to the date

 2  of retirement. However, a DROP participant shall continue

 3  employment and receive a salary during the period of

 4  participation in the Deferred Retirement Option Program, as

 5  provided in subsection (13).

 6         2.  Any person to whom the limitation in subparagraph

 7  1. applies who violates such reemployment limitation and who

 8  is reemployed with any agency participating in the Florida

 9  Retirement System before completion of the 12-month limitation

10  period shall give timely notice of this fact in writing to the

11  employer and to the division and shall have his or her

12  retirement benefits suspended for the balance of the 12-month

13  limitation period. Any person employed in violation of this

14  paragraph and any employing agency which knowingly employs or

15  appoints such person without notifying the Division of

16  Retirement to suspend retirement benefits shall be jointly and

17  severally liable for reimbursement to the retirement trust

18  fund of any benefits paid during the reemployment limitation

19  period. To avoid liability, such employing agency shall have a

20  written statement from the retiree that he or she is not

21  retired from a state-administered retirement system. Any

22  retirement benefits received while reemployed during this

23  reemployment limitation period shall be repaid to the

24  retirement trust fund, and retirement benefits shall remain

25  suspended until such repayment has been made. Benefits

26  suspended beyond the reemployment limitation shall apply

27  toward repayment of benefits received in violation of the

28  reemployment limitation.

29         3.  A district school board may reemploy a retired

30  member as a substitute or hourly teacher, education

31  paraprofessional, transportation assistant, bus driver, or

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    Florida Senate - 2003                                  SB 2038
    14-1004-03                                          See HB 147




 1  food service worker on a noncontractual basis after he or she

 2  has been retired for 1 calendar month, in accordance with s.

 3  121.021(39). Any retired member who is reemployed within 1

 4  calendar month after retirement shall void his or her

 5  application for retirement benefits. District school boards

 6  reemploying such teachers, education paraprofessionals,

 7  transportation assistants, bus drivers, or food service

 8  workers are subject to the retirement contribution required by

 9  subparagraph 8. 7. Reemployment of a retired member as a

10  substitute or hourly teacher, education paraprofessional,

11  transportation assistant, bus driver, or food service worker

12  is limited to 780 hours during the first 12 months of his or

13  her retirement. Any retired member reemployed for more than

14  780 hours during his or her first 12 months of retirement

15  shall give timely notice in writing to the employer and to the

16  division 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 his

31  or her retirement benefits shall remain suspended until

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    Florida Senate - 2003                                  SB 2038
    14-1004-03                                          See HB 147




 1  repayment is made. Benefits suspended beyond the end of the

 2  retired member's first 12 months of retirement shall apply

 3  toward repayment of benefits received in violation of the

 4  780-hour reemployment limitation.

 5         4.  A community college board of trustees may reemploy

 6  a retired member as an adjunct instructor, that is, an

 7  instructor who is noncontractual and part-time, or as a

 8  participant in a phased retirement program within the Florida

 9  Community College System, after he or she has been retired for

10  1 calendar month, in accordance with s. 121.021(39). Any

11  retired member who is reemployed within 1 calendar month after

12  retirement shall void his or her application for retirement

13  benefits. Boards of trustees reemploying such instructors are

14  subject to the retirement contribution required in

15  subparagraph 8. 7. A retired member may be reemployed as an

16  adjunct instructor for no more than 780 hours during the first

17  12 months of retirement. Any retired member reemployed for

18  more than 780 hours during the first 12 months of retirement

19  shall give timely notice in writing to the employer and to the

20  division of the date he or she will exceed the limitation. The

21  division shall suspend his or her retirement benefits for the

22  remainder of the first 12 months of retirement. Any person

23  employed in violation of this subparagraph and any employing

24  agency which knowingly employs or appoints such person without

25  notifying the Division of Retirement to suspend retirement

26  benefits shall be jointly and severally liable for

27  reimbursement to the retirement trust fund of any benefits

28  paid during the reemployment limitation period. To avoid

29  liability, such employing agency shall have a written

30  statement from the retiree that he or she is not retired from

31  a state-administered retirement system. Any retirement

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    Florida Senate - 2003                                  SB 2038
    14-1004-03                                          See HB 147




 1  benefits received by a retired member while reemployed in

 2  excess of 780 hours during the first 12 months of retirement

 3  shall be repaid to the Retirement System Trust Fund, and

 4  retirement benefits shall remain suspended until repayment is

 5  made. Benefits suspended beyond the end of the retired

 6  member's first 12 months of retirement shall apply toward

 7  repayment of benefits received in violation of the 780-hour

 8  reemployment limitation.

 9         5.  The State University System may reemploy a retired

10  member as an adjunct faculty member or as a participant in a

11  phased retirement program within the State University System

12  after the retired member has been retired for 1 calendar

13  month, in accordance with s. 121.021(39). Any retired member

14  who is reemployed within 1 calendar month after retirement

15  shall void his or her application for retirement benefits. The

16  State University System is subject to the retired contribution

17  required in subparagraph 8. 7., as appropriate. A retired

18  member may be reemployed as an adjunct faculty member or a

19  participant in a phased retirement program for no more than

20  780 hours during the first 12 months of his or her retirement.

21  Any retired member reemployed for more than 780 hours during

22  the first 12 months of retirement shall give timely notice in

23  writing to the employer and to the division of the date he or

24  she will exceed the limitation. The division shall suspend his

25  or her retirement benefits for the remainder of the first 12

26  months of retirement. Any person employed in violation of this

27  subparagraph and any employing agency which 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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    Florida Senate - 2003                                  SB 2038
    14-1004-03                                          See HB 147




 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         6.  The Board of Trustees of the Florida School for the

13  Deaf and the Blind may reemploy a retired member as a

14  substitute teacher, substitute residential instructor, or

15  substitute nurse on a noncontractual basis after he or she has

16  been retired for 1 calendar month, in accordance with s.

17  121.021(39). Any retired member who is reemployed within 1

18  calendar month after retirement shall void his or her

19  application for retirement benefits. The Board of Trustees of

20  the Florida School for the Deaf and the Blind reemploying such

21  teachers, residential instructors, or nurses is subject to the

22  retirement contribution required by subparagraph 8. 7.

23  Reemployment of a retired member as a substitute teacher,

24  substitute residential instructor, or substitute nurse is

25  limited to 780 hours during the first 12 months of his or her

26  retirement. Any retired member reemployed for more than 780

27  hours during the first 12 months of retirement shall give

28  timely notice in writing to the employer and to the division

29  of the date he or she will exceed the limitation. The division

30  shall suspend his or her retirement benefits for the remainder

31  of the first 12 months of retirement. Any person employed in

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    Florida Senate - 2003                                  SB 2038
    14-1004-03                                          See HB 147




 1  violation of this subparagraph and any employing agency which

 2  knowingly employs or appoints such person without notifying

 3  the Division of Retirement to suspend retirement benefits

 4  shall be jointly and severally liable for reimbursement to the

 5  retirement trust fund of any benefits paid during the

 6  reemployment limitation period. To avoid liability, such

 7  employing agency shall have a written statement from the

 8  retiree that he or she is not retired from a

 9  state-administered retirement system. Any retirement benefits

10  received by a retired member while reemployed in excess of 780

11  hours during the first 12 months of retirement shall be repaid

12  to the Retirement System Trust Fund, and his or her retirement

13  benefits shall remain suspended until payment is made.

14  Benefits suspended beyond the end of the retired member's

15  first 12 months of retirement shall apply toward repayment of

16  benefits received in violation of the 780-hour reemployment

17  limitation.

18         7.  A sheriff may reemploy a retired member as a deputy

19  sheriff after the retired member has been retired for 1

20  calendar month, in accordance with s. 121.021(39). Any retired

21  member who is reemployed within 1 calendar month after

22  retirement shall void his or her application for retirement

23  benefits. Sheriffs reemploying such deputy sheriffs are

24  subject to the retirement contribution required in

25  subparagraph 8. Reemployment of a retired deputy sheriff is

26  limited to no more than 780 hours during the first 12 months

27  of his or her retirement. Any retired member reemployed for

28  more than 780 hours during the first 12 months of retirement

29  shall give timely notice in writing to the employer and to the

30  division of the date he or she will exceed the limitation. The

31  division shall suspend his or her retirement benefits for the

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    Florida Senate - 2003                                  SB 2038
    14-1004-03                                          See HB 147




 1  remainder of the first 12 months of retirement. Any person

 2  employed in violation of this subparagraph and any employing

 3  agency that knowingly employs or appoints such person without

 4  notifying the Division of Retirement to suspend retirement

 5  benefits shall be jointly and severally liable for

 6  reimbursement to the retirement trust fund of any benefits

 7  paid during the reemployment limitation period. To avoid

 8  liability, such employing agency shall have a written

 9  statement from the retiree that he or she is not retired from

10  a state-administered retirement system. Any retirement

11  benefits received by a retired member while reemployed in

12  excess of 780 hours during the first 12 months of retirement

13  shall be repaid to the Retirement System Trust Fund, and

14  retirement benefits shall remain suspended until repayment is

15  made. Benefits suspended beyond the end of the retired

16  member's first 12 months of retirement shall apply toward

17  repayment of benefits received in violation of the 780-hour

18  reemployment limitation.

19         8.7.  The employment by an employer of any retiree or

20  DROP participant of any state-administered retirement system

21  shall have no effect on the average final compensation or

22  years of creditable service of the retiree or DROP

23  participant. Prior to July 1, 1991, upon employment of any

24  person, other than an elected officer as provided in s.

25  121.053, who has been retired under any state-administered

26  retirement program, the employer shall pay retirement

27  contributions in an amount equal to the unfunded actuarial

28  liability portion of the employer contribution which would be

29  required for regular members of the Florida Retirement System.

30  Effective July 1, 1991, contributions shall be made as

31  

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    Florida Senate - 2003                                  SB 2038
    14-1004-03                                          See HB 147




 1  provided in s. 121.122 for retirees with renewed membership or

 2  subsection (13) with respect to DROP participants.

 3         9.8.  Any person who has previously retired and who is

 4  holding an elective public office or an appointment to an

 5  elective public office eligible for the Elected Officers'

 6  Class on or after July 1, 1990, shall be enrolled in the

 7  Florida Retirement System as provided in s. 121.053(1)(b) or,

 8  if holding an elective public office that does not qualify for

 9  the Elected Officers' Class on or after July 1, 1991, shall be

10  enrolled in the Florida Retirement System as provided in s.

11  121.122, and shall continue to receive retirement benefits as

12  well as compensation for the elected officer's service for as

13  long as he or she remains in elective office. However, any

14  retired member who served in an elective office prior to July

15  1, 1990, suspended his or her retirement benefit, and had his

16  or her Florida Retirement System membership reinstated shall,

17  upon retirement from such office, have his or her retirement

18  benefit recalculated to include the additional service and

19  compensation earned.

20         10.9.  Any person who is holding an elective public

21  office which is covered by the Florida Retirement System and

22  who is concurrently employed in nonelected covered employment

23  may elect to retire while continuing employment in the

24  elective public office, provided that he or she shall be

25  required to terminate his or her nonelected covered

26  employment. Any person who exercises this election shall

27  receive his or her retirement benefits in addition to the

28  compensation of the elective office without regard to the time

29  limitations otherwise provided in this subsection. No person

30  who seeks to exercise the provisions of this subparagraph, as

31  the same existed prior to May 3, 1984, shall be deemed to be

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    Florida Senate - 2003                                  SB 2038
    14-1004-03                                          See HB 147




 1  retired under those provisions, unless such person is eligible

 2  to retire under the provisions of this subparagraph, as

 3  amended by chapter 84-11, Laws of Florida.

 4         11.10.  The limitations of this paragraph apply to

 5  reemployment in any capacity with an "employer" as defined in

 6  s. 121.021(10), irrespective of the category of funds from

 7  which the person is compensated.

 8         12.11.  An employing agency may reemploy a retired

 9  member as a firefighter or paramedic after the retired member

10  has been retired for 1 calendar month, in accordance with s.

11  121.021(39). Any retired member who is reemployed within 1

12  calendar month after retirement shall void his or her

13  application for retirement benefits. The employing agency

14  reemploying such firefighter or paramedic is subject to the

15  retired contribution required in subparagraph 9. 8.

16  Reemployment of a retired firefighter or paramedic is limited

17  to no more than 780 hours during the first 12 months of his or

18  her retirement. Any retired member reemployed for more than

19  780 hours during the first 12 months of retirement shall give

20  timely notice in writing to the employer and to the division

21  of the date he or she will exceed the limitation. The division

22  shall suspend his or her retirement benefits for the remainder

23  of the first 12 months of retirement. Any person employed in

24  violation of this subparagraph and any employing agency which

25  knowingly employs or appoints such person without notifying

26  the Division of Retirement to suspend retirement benefits

27  shall be jointly and severally liable for reimbursement to the

28  Retirement System Trust Fund of any benefits paid during the

29  reemployment limitation period. To avoid liability, such

30  employing agency shall have a written statement from the

31  retiree that he or she is not retired from a

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    Florida Senate - 2003                                  SB 2038
    14-1004-03                                          See HB 147




 1  state-administered retirement system. Any retirement benefits

 2  received by a retired member while reemployed in excess of 780

 3  hours during the first 12 months of retirement shall be repaid

 4  to the Retirement System Trust Fund, and retirement benefits

 5  shall remain suspended until repayment is made. Benefits

 6  suspended beyond the end of the retired member's first 12

 7  months of retirement shall apply toward repayment of benefits

 8  received in violation of the 780-hour reemployment limitation.

 9         Section 4.  Subsection (5) of section 175.191, Florida

10  Statutes, is amended to read:

11         175.191  Disability retirement.--For any municipality,

12  special fire control district, chapter plan, local law

13  municipality, local law special fire control district, or

14  local law plan under this chapter:

15         (5)  The benefit payable to a firefighter who retires

16  from the service of a municipality or special fire control

17  district due to total and permanent disability as a direct

18  result of a disability is the monthly income payable for 10

19  years certain and life for which, if the firefighter's

20  disability occurred in the line of duty, his or her monthly

21  benefit shall be the accrued retirement benefit, but shall not

22  be less than 42 percent of his or her average monthly salary

23  at the time of disability. If after 10 years of service the

24  disability is other than in the line of duty, the

25  firefighter'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 salary at the time of disability.

28  Notwithstanding any provision to the contrary, the monthly

29  retirement benefit payable to a firefighter, emergency medical

30  technician, or paramedic who retires from service due to total

31  and permanent disability as a result of a catastrophic injury

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    Florida Senate - 2003                                  SB 2038
    14-1004-03                                          See HB 147




 1  as defined in s. 440.02(38) suffered in the line of duty where

 2  such injury is a result of a felonious act of another shall be

 3  the accrued retirement benefit but shall not be less than 80

 4  percent of his or her average monthly salary at the time of

 5  disability.

 6         Section 5.  Subsection (5) of section 185.18, Florida

 7  Statutes, is amended to read:

 8         185.18  Disability retirement.--For any municipality,

 9  chapter plan, local law municipality, or local law plan under

10  this chapter:

11         (5)  The benefit payable to a police officer who

12  retires from the service of the city with a total and

13  permanent disability as a result of a disability is the

14  monthly income payable for 10 years certain and life for

15  which, if the police officer's disability occurred in the line

16  of duty, his or her monthly benefit shall be the accrued

17  retirement benefit, but shall not be less than 42 percent of

18  his or her average monthly compensation as of the police

19  officer's disability retirement date. If after 10 years of

20  service the disability is other than in the line of duty, the

21  police officer's monthly benefit shall be the accrued normal

22  retirement benefit, but shall not be less than 25 percent of

23  his or her average monthly compensation as of the police

24  officer's disability retirement date. Notwithstanding any

25  provision to the contrary, the monthly retirement benefit

26  payable to a police officer who retires from service due to

27  total and permanent disability as a result of a catastrophic

28  injury as defined in s. 440.02(38) suffered in the line of

29  duty where such injury is a result of a felonious act of

30  another shall be the accrued retirement benefit but shall not

31  

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    Florida Senate - 2003                                  SB 2038
    14-1004-03                                          See HB 147




 1  be less than 80 percent of the officer's average monthly

 2  compensation as of the officer's disability retirement date.

 3         Section 6.  Effective July 1, 2003, in order to fund

 4  the benefits provided in section 121.091, Florida Statutes, as

 5  amended by this act:

 6         (1)  The contribution rate that applies to the Special

 7  Risk Class of the defined benefit program of the Florida

 8  Retirement System shall be increased by 0.02 percentage

 9  points; and

10         (2)  The contribution rate that applies to the Special

11  Risk Administrative Support Class of the defined benefit

12  program of the Florida Retirement System shall be increased by

13  0.14 percentage points.

14  

15  These increases shall be in addition to all other changes to

16  such contribution rates which may be enacted into law to take

17  effect on that date.  The Division of Statutory Revision is

18  directed to adjust accordingly the contribution rates set

19  forth in section 121.071, Florida Statutes.

20         Section 7.  This act shall take effect upon becoming a

21  law.

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

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