| 1 | A bill to be entitled |
| 2 | An act relating to retirement; providing legislative |
| 3 | intent; amending s. 121.091, F.S.; revising provisions |
| 4 | relating to benefits payable for total and permanent |
| 5 | disability for certain Special Risk Class members of the |
| 6 | Florida Retirement System who are injured in the line of |
| 7 | duty; providing for contribution rate increases to fund |
| 8 | benefits provided in s. 121.091, F.S., as amended; |
| 9 | directing the Division of Statutory Revision to adjust |
| 10 | contribution rates set forth in s. 121.71, F.S.; providing |
| 11 | an effective date. |
| 12 |
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| 13 | Be It Enacted by the Legislature of the State of Florida: |
| 14 |
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| 15 | Section 1. It is declared by the Legislature that |
| 16 | firefighters, emergency medical technicians, paramedics, law |
| 17 | enforcement officers, correctional officers, and correctional |
| 18 | probation officers, as defined in this act, perform state and |
| 19 | municipal functions; that it is their duty to protect life and |
| 20 | property at their own risk and peril; that it is their duty to |
| 21 | continuously instruct school personnel, public officials, and |
| 22 | private citizens about safety; and that their activities are |
| 23 | vital to the public safety. Therefore, the Legislature declares |
| 24 | that it is a proper and legitimate state purpose to provide a |
| 25 | uniform retirement system for the benefit of firefighters, |
| 26 | emergency medical technicians, paramedics, law enforcement |
| 27 | officers, correctional officers, and correctional probation |
| 28 | officers, as defined in this act, and intends, in implementing |
| 29 | the provisions of s. 14, Art. X of the State Constitution as |
| 30 | they relate to municipal and special district pension trust fund |
| 31 | systems and plans, that such retirement systems or plans be |
| 32 | managed, administered, operated, and funded in such manner as to |
| 33 | maximize the protection of pension trust funds. Pursuant to s. |
| 34 | 18, Art. VII of the State Constitution, the Legislature hereby |
| 35 | determines and declares that the provisions of this act fulfill |
| 36 | an important state interest. |
| 37 | Section 2. Paragraph (b) of subsection (4) of section |
| 38 | 121.091, Florida Statutes, is amended to read: |
| 39 | 121.091 Benefits payable under the system.--Benefits may |
| 40 | not be paid under this section unless the member has terminated |
| 41 | employment as provided in s. 121.021(39)(a) or begun |
| 42 | participation in the Deferred Retirement Option Program as |
| 43 | provided in subsection (13), and a proper application has been |
| 44 | filed in the manner prescribed by the department. The department |
| 45 | may cancel an application for retirement benefits when the |
| 46 | member or beneficiary fails to timely provide the information |
| 47 | and documents required by this chapter and the department's |
| 48 | rules. The department shall adopt rules establishing procedures |
| 49 | for application for retirement benefits and for the cancellation |
| 50 | of such application when the required information or documents |
| 51 | are not received. |
| 52 | (4) DISABILITY RETIREMENT BENEFIT.-- |
| 53 | (b) Total and permanent disability.--A member shall be |
| 54 | considered totally and permanently disabled if, in the opinion |
| 55 | of the administrator, he or she is prevented, by reason of a |
| 56 | medically determinable physical or mental impairment, from |
| 57 | rendering useful and efficient service as an officer or |
| 58 | employee. A Special Risk Class member who is an officer as |
| 59 | defined in s. 943.10(1), (2), or (3); a firefighter as defined |
| 60 | in s. 633.30(1); an emergency medical technician as defined in |
| 61 | s. 401.23(11); or a paramedic as defined in s. 401.23(17) who is |
| 62 | catastrophically injured as defined in s. 121.091(4) in the line |
| 63 | of duty shall be considered totally and permanently disabled and |
| 64 | unable to render useful and efficient service as an officer, |
| 65 | unless the administrator can provide documented competent |
| 66 | medical evidence that the officer is able to render useful and |
| 67 | efficient service as an officer. For purposes of this |
| 68 | subsection, the term "officer" includes law enforcement |
| 69 | officers, correctional officers, and correctional probation |
| 70 | officers as defined in s. 943.10(1), (2), and (3) and |
| 71 | firefighters, emergency medical technicians, and paramedics. |
| 72 | Section 3. Effective July 1, 2005, in order to fund the |
| 73 | benefits provided in s. 121.091, Florida Statutes, as amended by |
| 74 | this act: |
| 75 | (1) The contribution rate that applies to the Special Risk |
| 76 | Class of the defined benefit program of the Florida Retirement |
| 77 | System shall be increased by 0.03 percentage points. |
| 78 | (2) The contribution rate that applies to the Special Risk |
| 79 | Administrative Support Class of the defined benefit program of |
| 80 | the Florida Retirement System shall be increased by 0.20 |
| 81 | percentage points. |
| 82 |
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| 83 | These increases shall be in addition to all other changes to |
| 84 | such contribution rates which may be enacted into law to take |
| 85 | effect on that date. The Division of Statutory Revision is |
| 86 | directed to adjust accordingly the contribution rates set forth |
| 87 | in s. 121.71, Florida Statutes. |
| 88 | Section 4. This act shall take effect upon becoming a law. |