HB 0191

1
A bill to be entitled
2An act relating to retirement; providing legislative
3intent; amending s. 121.091, F.S.; revising provisions
4relating to benefits payable for total and permanent
5disability for certain Special Risk Class members of the
6Florida Retirement System who are injured in the line of
7duty; providing for contribution rate increases to fund
8benefits provided in s. 121.091, F.S., as amended;
9directing the Division of Statutory Revision to adjust
10contribution rates set forth in s. 121.71, F.S.; providing
11an effective date.
12
13Be It Enacted by the Legislature of the State of Florida:
14
15     Section 1.  It is declared by the Legislature that
16firefighters, emergency medical technicians, paramedics, law
17enforcement officers, correctional officers, and correctional
18probation officers, as defined in this act, perform state and
19municipal functions; that it is their duty to protect life and
20property at their own risk and peril; that it is their duty to
21continuously instruct school personnel, public officials, and
22private citizens about safety; and that their activities are
23vital to the public safety. Therefore, the Legislature declares
24that it is a proper and legitimate state purpose to provide a
25uniform retirement system for the benefit of firefighters,
26emergency medical technicians, paramedics, law enforcement
27officers, correctional officers, and correctional probation
28officers, as defined in this act, and intends, in implementing
29the provisions of s. 14, Art. X of the State Constitution as
30they relate to municipal and special district pension trust fund
31systems and plans, that such retirement systems or plans be
32managed, administered, operated, and funded in such manner as to
33maximize the protection of pension trust funds. Pursuant to s.
3418, Art. VII of the State Constitution, the Legislature hereby
35determines and declares that the provisions of this act fulfill
36an important state interest.
37     Section 2.  Paragraph (b) of subsection (4) of section
38121.091, Florida Statutes, is amended to read:
39     121.091  Benefits payable under the system.--Benefits may
40not be paid under this section unless the member has terminated
41employment as provided in s. 121.021(39)(a) or begun
42participation in the Deferred Retirement Option Program as
43provided in subsection (13), and a proper application has been
44filed in the manner prescribed by the department. The department
45may cancel an application for retirement benefits when the
46member or beneficiary fails to timely provide the information
47and documents required by this chapter and the department's
48rules. The department shall adopt rules establishing procedures
49for application for retirement benefits and for the cancellation
50of such application when the required information or documents
51are not received.
52     (4)  DISABILITY RETIREMENT BENEFIT.--
53     (b)  Total and permanent disability.--A member shall be
54considered totally and permanently disabled if, in the opinion
55of the administrator, he or she is prevented, by reason of a
56medically determinable physical or mental impairment, from
57rendering useful and efficient service as an officer or
58employee. A Special Risk Class member who is an officer as
59defined in s. 943.10(1), (2), or (3); a firefighter as defined
60in s. 633.30(1); an emergency medical technician as defined in
61s. 401.23(11); or a paramedic as defined in s. 401.23(17) who is
62catastrophically injured as defined in s. 121.091(4) in the
63line of duty shall be considered totally and permanently
64disabled and unable to render useful and efficient service as an
65officer, unless the administrator can provide documented
66competent medical evidence that the officer is able to render
67useful and efficient service as an officer. For purposes of this
68subsection, the term "officer" includes law enforcement
69officers, correctional officers, and correctional probation
70officers as defined in s. 943.10(1), (2), and (3) and
71firefighters, emergency medical technicians, and paramedics.
72     Section 3.  Effective July 1, 2004, in order to fund the
73benefits provided in s. 121.091, Florida Statutes, as amended by
74this act:
75     (1)  The contribution rate that applies to the Special Risk
76Class of the defined benefit program of the Florida Retirement
77System shall be increased by 0.03 percentage points.
78     (2)  The contribution rate that applies to the Special Risk
79Administrative Support Class of the defined benefit program of
80the Florida Retirement System shall be increased by 0.20
81percentage points.
82
83These increases shall be in addition to all other changes to
84such contribution rates which may be enacted into law to take
85effect on that date. The Division of Statutory Revision is
86directed to adjust accordingly the contribution rates set forth
87in s. 121.71, Florida Statutes.
88     Section 4.  This act shall take effect upon becoming a law.


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