1 | The Governmental Operations Committee recommends the following: |
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3 | Council/Committee Substitute |
4 | Remove the entire bill and insert: |
5 | A bill to be entitled |
6 | An act relating to the state retirement system; amending |
7 | s. 121.091, F.S.; providing that a disability of an |
8 | employee who works in another state full time may be |
9 | certified by physicians licensed in that state; correcting |
10 | a cross reference; amending s. 121.22, F.S.; increasing |
11 | the size of the State Retirement Commission from three to |
12 | five members; amending s. 121.24, F.S.; revising the |
13 | quorum requirements of the commission; amending s. 121.35, |
14 | F.S.; deleting the provision that requires one academic |
15 | year of employment or appointment in the State University |
16 | System for participation in the optional retirement |
17 | program; providing an effective date. |
18 |
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19 | Be It Enacted by the Legislature of the State of Florida: |
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21 | Section 1. Paragraph (c) of subsection (4) and paragraph |
22 | (b) of subsection (13) of section 121.091, Florida Statutes, are |
23 | amended to read: |
24 | 121.091 Benefits payable under the system.--Benefits may |
25 | not be paid under this section unless the member has terminated |
26 | employment as provided in s. 121.021(39)(a) or begun |
27 | participation in the Deferred Retirement Option Program as |
28 | provided in subsection (13), and a proper application has been |
29 | filed in the manner prescribed by the department. The department |
30 | may cancel an application for retirement benefits when the |
31 | member or beneficiary fails to timely provide the information |
32 | and documents required by this chapter and the department's |
33 | rules. The department shall adopt rules establishing procedures |
34 | for application for retirement benefits and for the cancellation |
35 | of such application when the required information or documents |
36 | are not received. |
37 | (4) DISABILITY RETIREMENT BENEFIT.-- |
38 | (c) Proof of disability.--The administrator, before |
39 | approving payment of any disability retirement benefit, shall |
40 | require proof that the member is totally and permanently |
41 | disabled as provided herein: |
42 | 1. Such proof shall include the certification of the |
43 | member's total and permanent disability by two licensed |
44 | physicians of the state and such other evidence of disability as |
45 | the administrator may require, including reports from vocational |
46 | rehabilitation, evaluation, or testing specialists who have |
47 | evaluated the applicant for employment. A member whose position |
48 | with an employer requires that the member work full time outside |
49 | this state in the United States may include certification by two |
50 | licensed physicians of the state where the member works. |
51 | 2. It must be documented that: |
52 | a. The member's medical condition occurred or became |
53 | symptomatic during the time the member was employed in an |
54 | employee/employer relationship with his or her employer; |
55 | b. The member was totally and permanently disabled at the |
56 | time he or she terminated covered employment; and |
57 | c. The member has not been employed with any other |
58 | employer after such termination. |
59 | 3. If the application is for in-line-of-duty disability, |
60 | in addition to the requirements of subparagraph 2., it must be |
61 | documented by competent medical evidence that the disability was |
62 | caused by a job-related illness or accident which occurred while |
63 | the member was in an employee/employer relationship with his or |
64 | her employer. |
65 | 4. The unavailability of an employment position that the |
66 | member is physically and mentally capable of performing will not |
67 | be considered as proof of total and permanent disability. |
68 | (13) DEFERRED RETIREMENT OPTION PROGRAM.--In general, and |
69 | subject to the provisions of this section, the Deferred |
70 | Retirement Option Program, hereinafter referred to as the DROP, |
71 | is a program under which an eligible member of the Florida |
72 | Retirement System may elect to participate, deferring receipt of |
73 | retirement benefits while continuing employment with his or her |
74 | Florida Retirement System employer. The deferred monthly |
75 | benefits shall accrue in the System Trust Fund on behalf of the |
76 | participant, plus interest compounded monthly, for the specified |
77 | period of the DROP participation, as provided in paragraph (c). |
78 | Upon termination of employment, the participant shall receive |
79 | the total DROP benefits and begin to receive the previously |
80 | determined normal retirement benefits. Participation in the DROP |
81 | does not guarantee employment for the specified period of DROP. |
82 | Participation in the DROP by an eligible member beyond the |
83 | initial 60-month period as authorized in this subsection shall |
84 | be on an annual contractual basis for all participants. |
85 | (b) Participation in the DROP.-- |
86 | 1. An eligible member may elect to participate in the DROP |
87 | for a period not to exceed a maximum of 60 calendar months or, |
88 | with respect to members who are instructional personnel employed |
89 | by the Florida School for the Deaf and the Blind and who have |
90 | received authorization by the Board of Trustees of the Florida |
91 | School for the Deaf and the Blind to participate in the DROP |
92 | beyond 60 months, or who are instructional personnel as defined |
93 | in s. 1012.01(2)(a)-(d) in grades K-12 and who have received |
94 | authorization by the district school superintendent to |
95 | participate in the DROP beyond 60 calendar months, 96 calendar |
96 | months immediately following the date on which the member first |
97 | reaches his or her normal retirement date or the date to which |
98 | he or she is eligible to defer his or her election to |
99 | participate as provided in subparagraph (a)2. However, a member |
100 | who has reached normal retirement date prior to the effective |
101 | date of the DROP shall be eligible to participate in the DROP |
102 | for a period of time not to exceed 60 calendar months or, with |
103 | respect to members who are instructional personnel employed by |
104 | the Florida School for the Deaf and the Blind and who have |
105 | received authorization by the Board of Trustees of the Florida |
106 | School for the Deaf and the Blind to participate in the DROP |
107 | beyond 60 months, or who are instructional personnel as defined |
108 | in s. 1012.01(2)(a)-(d) in grades K-12 and who have received |
109 | authorization by the district school superintendent to |
110 | participate in the DROP beyond 60 calendar months, 96 calendar |
111 | months immediately following the effective date of the DROP, |
112 | except a member of the Special Risk Class who has reached normal |
113 | retirement date prior to the effective date of the DROP and |
114 | whose total accrued value exceeds 75 percent of average final |
115 | compensation as of his or her effective date of retirement shall |
116 | be eligible to participate in the DROP for no more than 36 |
117 | calendar months immediately following the effective date of the |
118 | DROP. |
119 | 2. Upon deciding to participate in the DROP, the member |
120 | shall submit, on forms required by the division: |
121 | a. A written election to participate in the DROP; |
122 | b. Selection of the DROP participation and termination |
123 | dates, which satisfy the limitations stated in paragraph (a) and |
124 | subparagraph 1. Such termination date shall be in a binding |
125 | letter of resignation with the employer, establishing a deferred |
126 | termination date. The member may change the termination date |
127 | within the limitations of subparagraph 1., but only with the |
128 | written approval of his or her employer; |
129 | c. A properly completed DROP application for service |
130 | retirement as provided in this section; and |
131 | d. Any other information required by the division. |
132 | 3. The DROP participant shall be a retiree under the |
133 | Florida Retirement System for all purposes, except for paragraph |
134 | (5)(f) and subsection (9) and ss. 112.3173, 112.363, 121.053, |
135 | and 121.122. However, participation in the DROP does not alter |
136 | the participant's employment status and such employee shall not |
137 | be deemed retired from employment until his or her deferred |
138 | resignation is effective and termination occurs as provided in |
139 | s. 121.021(39). |
140 | 4. Elected officers shall be eligible to participate in |
141 | the DROP subject to the following: |
142 | a. An elected officer who reaches normal retirement date |
143 | during a term of office may defer the election to participate in |
144 | the DROP until the next succeeding term in that office. Such |
145 | elected officer who exercises this option may participate in the |
146 | DROP for up to 60 calendar months or a period of no longer than |
147 | such succeeding term of office, whichever is less. |
148 | b. An elected or a nonelected participant may run for a |
149 | term of office while participating in DROP and, if elected, |
150 | extend the DROP termination date accordingly, except, however, |
151 | if such additional term of office exceeds the 60-month |
152 | limitation established in subparagraph 1., and the officer does |
153 | not resign from office within such 60-month limitation, the |
154 | retirement and the participant's DROP shall be null and void as |
155 | provided in sub-subparagraph (c)5.d. |
156 | c. An elected officer who is dually employed and elects to |
157 | participate in DROP shall be required to satisfy the definition |
158 | of termination within the 60-month or, with respect to members |
159 | who are instructional personnel employed by the Florida School |
160 | for the Deaf and the Blind and who have received authorization |
161 | by the Board of Trustees of the Florida School for the Deaf and |
162 | the Blind to participate in the DROP beyond 60 months, or who |
163 | are instructional personnel as defined in s. 1012.01(2)(a)-(d) |
164 | in grades K-12 and who have received authorization by the |
165 | district school superintendent to participate in the DROP beyond |
166 | 60 months, the 96-month limitation period as provided in |
167 | subparagraph 1. for the nonelected position and may continue |
168 | employment as an elected officer as provided in s. 121.053. The |
169 | elected officer will be enrolled as a renewed member in the |
170 | Elected Officers' Class or the Regular Class, as provided in ss. |
171 | 121.053 and 121.122 121.22, on the first day of the month after |
172 | termination of employment in the nonelected position and |
173 | termination of DROP. Distribution of the DROP benefits shall be |
174 | made as provided in paragraph (c). |
175 | Section 2. Subsection (1) of section 121.22, Florida |
176 | Statutes, is amended to read: |
177 | 121.22 State Retirement Commission; creation; membership; |
178 | compensation.-- |
179 | (1) There is created within the Department of Management |
180 | Services a State Retirement Commission composed of five three |
181 | members: two members One member who are is retired under a |
182 | state-supported retirement system administered by the |
183 | department; two members one member who are is an active members |
184 | member of a state-supported retirement system that is |
185 | administered by the department; and one member who is neither a |
186 | retiree, beneficiary, or member of a state-supported retirement |
187 | system administered by the department. Each member shall have a |
188 | different occupational background from the other members. |
189 | Section 3. Paragraph (a) of subsection (1) of section |
190 | 121.24, Florida Statutes, is amended to read: |
191 | 121.24 Conduct of commission business; legal and other |
192 | assistance; compensation.-- |
193 | (1) The commission shall conduct its business within the |
194 | following guidelines: |
195 | (a) For purposes of hearing appeals under s. 121.23, the |
196 | commission may meet in panels consisting of not fewer than three |
197 | members. For the purpose of meeting in these panels, a quorum |
198 | shall be not fewer than two members. For all other purposes, a |
199 | quorum shall consist of three four members. The concurring vote |
200 | of a majority of the members present shall be required to reach |
201 | a decision, issue orders, and conduct the business of the |
202 | commission. |
203 | Section 4. Paragraph (a) of subsection (2) of section |
204 | 121.35, Florida Statutes, is amended to read: |
205 | 121.35 Optional retirement program for the State |
206 | University System.-- |
207 | (2) ELIGIBILITY FOR PARTICIPATION IN OPTIONAL PROGRAM.-- |
208 | (a) Participation in the optional retirement program |
209 | provided by this section shall be limited to persons who are |
210 | otherwise eligible for membership in the Florida Retirement |
211 | System; who are employed or appointed for no less than one |
212 | academic year; and who are employed in one of the following |
213 | State University System positions: |
214 | 1. Positions classified as instructional and research |
215 | faculty which are exempt from the career service under the |
216 | provisions of s. 110.205(2)(d). |
217 | 2. Positions classified as administrative and professional |
218 | which are exempt from the career service under the provisions of |
219 | s. 110.205(2)(d). |
220 | 3. The Chancellor and the university presidents. |
221 | Section 5. This act shall take effect July 1, 2005. |