HB 0191CS

CHAMBER ACTION




1The Committee on State Administration recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to retirement; providing legislative
7intent; amending s. 121.091, F.S.; revising provisions
8relating to benefits payable for total and permanent
9disability for certain Special Risk Class members of the
10Florida Retirement System who are injured in the line of
11duty; providing for contribution rate increases to fund
12benefits provided in s. 121.091, F.S., as amended;
13directing the Division of Statutory Revision to adjust
14contribution rates set forth in s. 121.071, F.S.;
15providing an effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  It is declared by the Legislature that
20firefighters, emergency medical technicians, paramedics, law
21enforcement officers, correctional officers, and correctional
22probation officers, as defined in this act, perform state and
23municipal functions; that it is their duty to protect life and
24property at their own risk and peril; that it is their duty to
25continuously instruct school personnel, public officials, and
26private citizens about safety; and that their activities are
27vital to the public safety. Therefore, the Legislature declares
28that it is a proper and legitimate state purpose to provide a
29uniform retirement system for the benefit of firefighters,
30emergency medical technicians, paramedics, law enforcement
31officers, correctional officers, and correctional probation
32officers, as defined in this act, and intends, in implementing
33the provisions of s. 14, Art. X of the State Constitution as
34they relate to municipal and special district pension trust fund
35systems and plans, that such retirement systems or plans be
36managed, administered, operated, and funded in such manner as to
37maximize the protection of pension trust funds. Pursuant to s.
3818, Art. VII of the State Constitution, the Legislature hereby
39determines and declares that the provisions of this act fulfill
40an important state interest.
41     Section 2.  Paragraph (b) of subsection (4) of section
42121.091, Florida Statutes, is amended to read:
43     121.091  Benefits payable under the system.--Benefits may
44not be paid under this section unless the member has terminated
45employment as provided in s. 121.021(39)(a) or begun
46participation in the Deferred Retirement Option Program as
47provided in subsection (13), and a proper application has been
48filed in the manner prescribed by the department. The department
49may cancel an application for retirement benefits when the
50member or beneficiary fails to timely provide the information
51and documents required by this chapter and the department's
52rules. The department shall adopt rules establishing procedures
53for application for retirement benefits and for the cancellation
54of such application when the required information or documents
55are not received.
56     (4)  DISABILITY RETIREMENT BENEFIT.--
57     (b)  Total and permanent disability.--A member shall be
58considered totally and permanently disabled if, in the opinion
59of the administrator, he or she is prevented, by reason of a
60medically determinable physical or mental impairment, from
61rendering useful and efficient service as an officer or
62employee. A Special Risk Class member who is an officer as
63defined in s. 943.10(1), (2), or (3); a firefighter as defined
64in s. 633.30(1); an emergency medical technician as defined in
65s. 401.23(11); or a paramedic as defined in s. 401.23(17) who is
66catastrophically injured as defined in s. 766.118(1)(a) in the
67line of duty shall be considered totally and permanently
68disabled and unable to render useful and efficient service as an
69officer, unless the administrator can provide documented
70competent medical evidence that the officer is able to render
71useful and efficient service as an officer. For purposes of this
72subsection, the term "officer" includes law enforcement
73officers, correctional officers, and correctional probation
74officers as defined in s. 943.10(1), (2), and (3) and
75firefighters, emergency medical technicians, and paramedics.
76     Section 3.  Effective July 1, 2004, in order to fund the
77benefits provided in s. 121.091, Florida Statutes, as amended by
78this act:
79     (1)  The contribution rate that applies to the Special Risk
80Class of the defined benefit program of the Florida Retirement
81System shall be increased by 0.02 percentage points.
82     (2)  The contribution rate that applies to the Special Risk
83Administrative Support Class of the defined benefit program of
84the Florida Retirement System shall be increased by 0.14
85percentage points.
86
87These increases shall be in addition to all other changes to
88such contribution rates which may be enacted into law to take
89effect on that date. The Division of Statutory Revision is
90directed to adjust accordingly the contribution rates set forth
91in s. 121.071, Florida Statutes.
92     Section 4.  This act shall take effect upon becoming a law.


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