Senate Bill sb1598

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 1598

    By Senator Smith





    14-1250-04                                          See HB 191

  1                      A bill to be entitled

  2         An act relating to retirement; providing

  3         legislative intent; amending s. 121.091, F.S.;

  4         revising provisions relating to benefits

  5         payable for total and permanent disability for

  6         certain Special Risk Class members of the

  7         Florida Retirement System who are injured in

  8         the line of duty; providing for contribution

  9         rate increases to fund benefits provided in s.

10         121.091, F.S., as amended; directing the

11         Division of Statutory Revision to adjust

12         contribution rates set forth in s. 121.071,

13         F.S.; providing an effective date.

14  

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

16  

17         Section 1.  It is declared by the Legislature that

18  firefighters, emergency medical technicians, paramedics, law

19  enforcement officers, correctional officers, and correctional

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

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

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

23  continuously instruct school personnel, public officials, and

24  private citizens about safety; and that their activities are

25  vital to the public safety. Therefore, the Legislature

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

27  provide a uniform retirement system for the benefit of

28  firefighters, emergency medical technicians, paramedics, law

29  enforcement officers, correctional officers, and correctional

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

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

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 1598
    14-1250-04                                          See HB 191




 1  State Constitution as they relate to municipal and special

 2  district pension trust fund systems and plans, that such

 3  retirement systems or plans be managed, administered,

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

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

 6  Article VII of the State Constitution, the Legislature

 7  determines and declares that the provisions of this act

 8  fulfill an important state interest.

 9         Section 2.  Paragraph (b) of subsection (4) of section

10  121.091, Florida Statutes, is amended to read:

11         121.091  Benefits payable under the system.--Benefits

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

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

14  begun participation in the Deferred Retirement Option Program

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

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

17  department may cancel an application for retirement benefits

18  when the member or beneficiary fails to timely provide the

19  information and documents required by this chapter and the

20  department's rules. The department shall adopt rules

21  establishing procedures for application for retirement

22  benefits and for the cancellation of such application when the

23  required information or documents are not received.

24         (4)  DISABILITY RETIREMENT BENEFIT.--

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

26  considered totally and permanently disabled if, in the opinion

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

28  medically determinable physical or mental impairment, from

29  rendering useful and efficient service as an officer or

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

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

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2004                                  SB 1598
    14-1250-04                                          See HB 191




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

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

 3  is catastrophically injured as defined in s. 440.02, Florida

 4  Statutes 2002, in the line of duty shall be considered totally

 5  and permanently disabled and unable to render useful and

 6  efficient service as an officer, unless the administrator can

 7  provide documented competent medical evidence that the officer

 8  is able to render useful and efficient service as an officer.

 9  For purposes of this subsection, the term "officer" includes

10  police officers, correctional officers, correctional probation

11  officers, firefighters, emergency medical technicians, and

12  paramedics.

13         Section 3.  Effective July 1, 2004, in order to fund

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

15  amended by this act:

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

17  Risk Class of the defined benefit program of the Florida

18  Retirement System shall be increased by 0.02 percentage

19  points.

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

21  Risk Administrative Support Class of the defined benefit

22  program of the Florida Retirement System shall be increased by

23  0.14 percentage points.

24  

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

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

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

28  directed to adjust accordingly the contribution rates set

29  forth in section 121.071, Florida Statutes.

30         Section 4.  This act shall take effect upon becoming a

31  law.

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CODING: Words stricken are deletions; words underlined are additions.