HB 0163CS

CHAMBER ACTION




1The Governmental Operations Committee recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to the state retirement system; amending
7s. 121.091, F.S.; providing that a disability of an
8employee who works in another state full time may be
9certified by physicians licensed in that state; correcting
10a cross reference; amending s. 121.22, F.S.; increasing
11the size of the State Retirement Commission from three to
12five members; amending s. 121.24, F.S.; revising the
13quorum requirements of the commission; amending s. 121.35,
14F.S.; deleting the provision that requires one academic
15year of employment or appointment in the State University
16System for participation in the optional retirement
17program; providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Paragraph (c) of subsection (4) and paragraph
22(b) of subsection (13) of section 121.091, Florida Statutes, are
23amended to read:
24     121.091  Benefits payable under the system.--Benefits may
25not be paid under this section unless the member has terminated
26employment as provided in s. 121.021(39)(a) or begun
27participation in the Deferred Retirement Option Program as
28provided in subsection (13), and a proper application has been
29filed in the manner prescribed by the department. The department
30may cancel an application for retirement benefits when the
31member or beneficiary fails to timely provide the information
32and documents required by this chapter and the department's
33rules. The department shall adopt rules establishing procedures
34for application for retirement benefits and for the cancellation
35of such application when the required information or documents
36are not received.
37     (4)  DISABILITY RETIREMENT BENEFIT.--
38     (c)  Proof of disability.--The administrator, before
39approving payment of any disability retirement benefit, shall
40require proof that the member is totally and permanently
41disabled as provided herein:
42     1.  Such proof shall include the certification of the
43member's total and permanent disability by two licensed
44physicians of the state and such other evidence of disability as
45the administrator may require, including reports from vocational
46rehabilitation, evaluation, or testing specialists who have
47evaluated the applicant for employment. A member whose position
48with an employer requires that the member work full time outside
49this state in the United States may include certification by two
50licensed 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
53symptomatic during the time the member was employed in an
54employee/employer relationship with his or her employer;
55     b.  The member was totally and permanently disabled at the
56time he or she terminated covered employment; and
57     c.  The member has not been employed with any other
58employer after such termination.
59     3.  If the application is for in-line-of-duty disability,
60in addition to the requirements of subparagraph 2., it must be
61documented by competent medical evidence that the disability was
62caused by a job-related illness or accident which occurred while
63the member was in an employee/employer relationship with his or
64her employer.
65     4.  The unavailability of an employment position that the
66member is physically and mentally capable of performing will not
67be considered as proof of total and permanent disability.
68     (13)  DEFERRED RETIREMENT OPTION PROGRAM.--In general, and
69subject to the provisions of this section, the Deferred
70Retirement Option Program, hereinafter referred to as the DROP,
71is a program under which an eligible member of the Florida
72Retirement System may elect to participate, deferring receipt of
73retirement benefits while continuing employment with his or her
74Florida Retirement System employer. The deferred monthly
75benefits shall accrue in the System Trust Fund on behalf of the
76participant, plus interest compounded monthly, for the specified
77period of the DROP participation, as provided in paragraph (c).
78Upon termination of employment, the participant shall receive
79the total DROP benefits and begin to receive the previously
80determined normal retirement benefits. Participation in the DROP
81does not guarantee employment for the specified period of DROP.
82Participation in the DROP by an eligible member beyond the
83initial 60-month period as authorized in this subsection shall
84be 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
87for a period not to exceed a maximum of 60 calendar months or,
88with respect to members who are instructional personnel employed
89by the Florida School for the Deaf and the Blind and who have
90received authorization by the Board of Trustees of the Florida
91School for the Deaf and the Blind to participate in the DROP
92beyond 60 months, or who are instructional personnel as defined
93in s. 1012.01(2)(a)-(d) in grades K-12 and who have received
94authorization by the district school superintendent to
95participate in the DROP beyond 60 calendar months, 96 calendar
96months immediately following the date on which the member first
97reaches his or her normal retirement date or the date to which
98he or she is eligible to defer his or her election to
99participate as provided in subparagraph (a)2. However, a member
100who has reached normal retirement date prior to the effective
101date of the DROP shall be eligible to participate in the DROP
102for a period of time not to exceed 60 calendar months or, with
103respect to members who are instructional personnel employed by
104the Florida School for the Deaf and the Blind and who have
105received authorization by the Board of Trustees of the Florida
106School for the Deaf and the Blind to participate in the DROP
107beyond 60 months, or who are instructional personnel as defined
108in s. 1012.01(2)(a)-(d) in grades K-12 and who have received
109authorization by the district school superintendent to
110participate in the DROP beyond 60 calendar months, 96 calendar
111months immediately following the effective date of the DROP,
112except a member of the Special Risk Class who has reached normal
113retirement date prior to the effective date of the DROP and
114whose total accrued value exceeds 75 percent of average final
115compensation as of his or her effective date of retirement shall
116be eligible to participate in the DROP for no more than 36
117calendar months immediately following the effective date of the
118DROP.
119     2.  Upon deciding to participate in the DROP, the member
120shall 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
123dates, which satisfy the limitations stated in paragraph (a) and
124subparagraph 1. Such termination date shall be in a binding
125letter of resignation with the employer, establishing a deferred
126termination date. The member may change the termination date
127within the limitations of subparagraph 1., but only with the
128written approval of his or her employer;
129     c.  A properly completed DROP application for service
130retirement 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
133Florida Retirement System for all purposes, except for paragraph
134(5)(f) and subsection (9) and ss. 112.3173, 112.363, 121.053,
135and 121.122. However, participation in the DROP does not alter
136the participant's employment status and such employee shall not
137be deemed retired from employment until his or her deferred
138resignation is effective and termination occurs as provided in
139s. 121.021(39).
140     4.  Elected officers shall be eligible to participate in
141the DROP subject to the following:
142     a.  An elected officer who reaches normal retirement date
143during a term of office may defer the election to participate in
144the DROP until the next succeeding term in that office. Such
145elected officer who exercises this option may participate in the
146DROP for up to 60 calendar months or a period of no longer than
147such succeeding term of office, whichever is less.
148     b.  An elected or a nonelected participant may run for a
149term of office while participating in DROP and, if elected,
150extend the DROP termination date accordingly, except, however,
151if such additional term of office exceeds the 60-month
152limitation established in subparagraph 1., and the officer does
153not resign from office within such 60-month limitation, the
154retirement and the participant's DROP shall be null and void as
155provided in sub-subparagraph (c)5.d.
156     c.  An elected officer who is dually employed and elects to
157participate in DROP shall be required to satisfy the definition
158of termination within the 60-month or, with respect to members
159who are instructional personnel employed by the Florida School
160for the Deaf and the Blind and who have received authorization
161by the Board of Trustees of the Florida School for the Deaf and
162the Blind to participate in the DROP beyond 60 months, or who
163are instructional personnel as defined in s. 1012.01(2)(a)-(d)
164in grades K-12 and who have received authorization by the
165district school superintendent to participate in the DROP beyond
16660 months, the 96-month limitation period as provided in
167subparagraph 1. for the nonelected position and may continue
168employment as an elected officer as provided in s. 121.053. The
169elected officer will be enrolled as a renewed member in the
170Elected Officers' Class or the Regular Class, as provided in ss.
171121.053 and 121.122 121.22, on the first day of the month after
172termination of employment in the nonelected position and
173termination of DROP. Distribution of the DROP benefits shall be
174made as provided in paragraph (c).
175     Section 2.  Subsection (1) of section 121.22, Florida
176Statutes, is amended to read:
177     121.22  State Retirement Commission; creation; membership;
178compensation.--
179     (1)  There is created within the Department of Management
180Services a State Retirement Commission composed of five three
181members: two members One member who are is retired under a
182state-supported retirement system administered by the
183department; two members one member who are is an active members
184member of a state-supported retirement system that is
185administered by the department; and one member who is neither a
186retiree, beneficiary, or member of a state-supported retirement
187system administered by the department. Each member shall have a
188different occupational background from the other members.
189     Section 3.  Paragraph (a) of subsection (1) of section
190121.24, Florida Statutes, is amended to read:
191     121.24  Conduct of commission business; legal and other
192assistance; compensation.--
193     (1)  The commission shall conduct its business within the
194following guidelines:
195     (a)  For purposes of hearing appeals under s. 121.23, the
196commission may meet in panels consisting of not fewer than three
197members. For the purpose of meeting in these panels, a quorum
198shall be not fewer than two members. For all other purposes, a
199quorum shall consist of three four members. The concurring vote
200of a majority of the members present shall be required to reach
201a decision, issue orders, and conduct the business of the
202commission.
203     Section 4.  Paragraph (a) of subsection (2) of section
204121.35, Florida Statutes, is amended to read:
205     121.35  Optional retirement program for the State
206University System.--
207     (2)  ELIGIBILITY FOR PARTICIPATION IN OPTIONAL PROGRAM.--
208     (a)  Participation in the optional retirement program
209provided by this section shall be limited to persons who are
210otherwise eligible for membership in the Florida Retirement
211System; who are employed or appointed for no less than one
212academic year; and who are employed in one of the following
213State University System positions:
214     1.  Positions classified as instructional and research
215faculty which are exempt from the career service under the
216provisions of s. 110.205(2)(d).
217     2.  Positions classified as administrative and professional
218which are exempt from the career service under the provisions of
219s. 110.205(2)(d).
220     3.  The Chancellor and the university presidents.
221     Section 5.  This act shall take effect July 1, 2005.


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