1 | The Committee on State Administration recommends the following: |
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3 | Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to retirement; providing legislative |
7 | intent; amending s. 121.091, F.S.; revising provisions |
8 | relating to benefits payable for total and permanent |
9 | disability for certain Special Risk Class members of the |
10 | Florida Retirement System who are injured in the line of |
11 | duty; providing for contribution rate increases to fund |
12 | benefits provided in s. 121.091, F.S., as amended; |
13 | directing the Division of Statutory Revision to adjust |
14 | contribution rates set forth in s. 121.071, F.S.; |
15 | providing an effective date. |
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17 | Be It Enacted by the Legislature of the State of Florida: |
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19 | Section 1. It is declared by the Legislature that |
20 | firefighters, emergency medical technicians, paramedics, law |
21 | enforcement officers, correctional officers, and correctional |
22 | probation officers, as defined in this act, perform state and |
23 | municipal functions; that it is their duty to protect life and |
24 | property at their own risk and peril; that it is their duty to |
25 | continuously instruct school personnel, public officials, and |
26 | private citizens about safety; and that their activities are |
27 | vital to the public safety. Therefore, the Legislature declares |
28 | that it is a proper and legitimate state purpose to provide a |
29 | uniform retirement system for the benefit of firefighters, |
30 | emergency medical technicians, paramedics, law enforcement |
31 | officers, correctional officers, and correctional probation |
32 | officers, as defined in this act, and intends, in implementing |
33 | the provisions of s. 14, Art. X of the State Constitution as |
34 | they relate to municipal and special district pension trust fund |
35 | systems and plans, that such retirement systems or plans be |
36 | managed, administered, operated, and funded in such manner as to |
37 | maximize the protection of pension trust funds. Pursuant to s. |
38 | 18, Art. VII of the State Constitution, the Legislature hereby |
39 | determines and declares that the provisions of this act fulfill |
40 | an important state interest. |
41 | Section 2. Paragraph (b) of subsection (4) of section |
42 | 121.091, Florida Statutes, is amended to read: |
43 | 121.091 Benefits payable under the system.--Benefits may |
44 | not be paid under this section unless the member has terminated |
45 | employment as provided in s. 121.021(39)(a) or begun |
46 | participation in the Deferred Retirement Option Program as |
47 | provided in subsection (13), and a proper application has been |
48 | filed in the manner prescribed by the department. The department |
49 | may cancel an application for retirement benefits when the |
50 | member or beneficiary fails to timely provide the information |
51 | and documents required by this chapter and the department's |
52 | rules. The department shall adopt rules establishing procedures |
53 | for application for retirement benefits and for the cancellation |
54 | of such application when the required information or documents |
55 | are not received. |
56 | (4) DISABILITY RETIREMENT BENEFIT.-- |
57 | (b) Total and permanent disability.--A member shall be |
58 | considered totally and permanently disabled if, in the opinion |
59 | of the administrator, he or she is prevented, by reason of a |
60 | medically determinable physical or mental impairment, from |
61 | rendering useful and efficient service as an officer or |
62 | employee. A Special Risk Class member who is an officer as |
63 | defined in s. 943.10(1), (2), or (3); a firefighter as defined |
64 | in s. 633.30(1); an emergency medical technician as defined in |
65 | s. 401.23(11); or a paramedic as defined in s. 401.23(17) who is |
66 | catastrophically injured as defined in s. 766.118(1)(a) in the |
67 | line of duty shall be considered totally and permanently |
68 | disabled and unable to render useful and efficient service as an |
69 | officer, unless the administrator can provide documented |
70 | competent medical evidence that the officer is able to render |
71 | useful and efficient service as an officer. For purposes of this |
72 | subsection, the term "officer" includes law enforcement |
73 | officers, correctional officers, and correctional probation |
74 | officers as defined in s. 943.10(1), (2), and (3) and |
75 | firefighters, emergency medical technicians, and paramedics. |
76 | Section 3. Effective July 1, 2004, in order to fund the |
77 | benefits provided in s. 121.091, Florida Statutes, as amended by |
78 | this act: |
79 | (1) The contribution rate that applies to the Special Risk |
80 | Class of the defined benefit program of the Florida Retirement |
81 | System shall be increased by 0.02 percentage points. |
82 | (2) The contribution rate that applies to the Special Risk |
83 | Administrative Support Class of the defined benefit program of |
84 | the Florida Retirement System shall be increased by 0.14 |
85 | percentage points. |
86 |
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87 | These increases shall be in addition to all other changes to |
88 | such contribution rates which may be enacted into law to take |
89 | effect on that date. The Division of Statutory Revision is |
90 | directed to adjust accordingly the contribution rates set forth |
91 | in s. 121.071, Florida Statutes. |
92 | Section 4. This act shall take effect upon becoming a law. |