Senate Bill sb0616e1

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    CS for SB 616                                  First Engrossed



  1                      A bill to be entitled

  2         An act relating to the State Retirement

  3         Commission; amending s. 121.22, F.S.;

  4         increasing the size of the commission from

  5         three to five members; amending s. 121.24,

  6         F.S.; revising the quorum requirements of the

  7         commission; amending s. 121.091, F.S.;

  8         providing that, when an employee works in

  9         another state full time, his or her permanent

10         disability may be certified by physicians

11         licensed in that state; providing an effective

12         date.

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

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16         Section 1.  Subsection (1) of section 121.22, Florida

17  Statutes, is amended to read:

18         121.22  State Retirement Commission; creation;

19  membership; compensation.--

20         (1)  There is created within the Department of

21  Management Services a State Retirement Commission composed of

22  five three members: Two members One member who are is retired

23  under a state-supported retirement system administered by the

24  department; two members one member who are is an active

25  members member of a state-supported retirement system that is

26  administered by the department; and one member who is neither

27  a retiree, beneficiary, or member of a state-supported

28  retirement system administered by the department. Each member

29  shall have a different occupational background from the other

30  members.

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    CS for SB 616                                  First Engrossed



 1         Section 2.  Paragraph (a) of subsection (1) of section

 2  121.24, Florida Statutes, is amended to read:

 3         121.24  Conduct of commission business; legal and other

 4  assistance; compensation.--

 5         (1)  The commission shall conduct its business within

 6  the following guidelines:

 7         (a)  For purposes of hearing appeals under s. 121.23,

 8  the commission may meet in panels consisting of not fewer than

 9  three members. For the purpose of meeting in these panels, a

10  quorum shall be not fewer than two members. For all other

11  purposes, a quorum shall consist of three four members. The

12  concurring vote of a majority of the members present shall be

13  required to reach a decision, issue orders, and conduct the

14  business of the commission.

15         Section 3.  Paragraph (c) of subsection (4) of section

16  121.091, Florida Statutes, is amended to read:

17         121.091  Benefits payable under the system.--Benefits

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

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

20  begun participation in the Deferred Retirement Option Program

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

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

23  department may cancel an application for retirement benefits

24  when the member or beneficiary fails to timely provide the

25  information and documents required by this chapter and the

26  department's rules. The department shall adopt rules

27  establishing procedures for application for retirement

28  benefits and for the cancellation of such application when the

29  required information or documents are not received.

30         (4)  DISABILITY RETIREMENT BENEFIT.--

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    CS for SB 616                                  First Engrossed



 1         (c)  Proof of disability.--The administrator, before

 2  approving payment of any disability retirement benefit, shall

 3  require proof that the member is totally and permanently

 4  disabled as provided herein:

 5         1.  Such proof shall include the certification of the

 6  member's total and permanent disability by two licensed

 7  physicians of the state and such other evidence of disability

 8  as the administrator may require, including reports from

 9  vocational rehabilitation, evaluation, or testing specialists

10  who have evaluated the applicant for employment. A member

11  whose position with an employer requires that the member work

12  full time outside of Florida in the United States may include

13  certification by two licensed physicians of the state where

14  the member works.

15         2.  It must be documented that:

16         a.  The member's medical condition occurred or became

17  symptomatic during the time the member was employed in an

18  employee/employer relationship with his or her employer;

19         b.  The member was totally and permanently disabled at

20  the time he or she terminated covered employment; and

21         c.  The member has not been employed with any other

22  employer after such termination.

23         3.  If the application is for in-line-of-duty

24  disability, in addition to the requirements of subparagraph

25  2., it must be documented by competent medical evidence that

26  the disability was caused by a job-related illness or accident

27  which occurred while the member was in an employee/employer

28  relationship with his or her employer.

29         4.  The unavailability of an employment position that

30  the member is physically and mentally capable of performing

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    CS for SB 616                                  First Engrossed



 1  will not be considered as proof of total and permanent

 2  disability.

 3         Section 4.  This act shall take effect July 1, 2004.

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