Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 992
Barcode 495042
CHAMBER ACTION
Senate House
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11 The Committee on Governmental Oversight and Productivity
12 (Lawson) recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 On page 1, line 12,
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17 insert:
18 Section 1. The Legislature declares that firefighters,
19 emergency medical technicians, paramedics, law enforcement
20 officers, correctional officers, and correctional probation
21 officers, as defined in this act, perform state and municipal
22 functions; that it is their duty to protect life and property
23 at their own risk and peril; that it is their duty to
24 continuously instruct school personnel, public officials, and
25 private citizens about safety; and that their activities are
26 vital to the public safety. Therefore, the Legislature
27 declares that it is a proper and legitimate state purpose to
28 provide a uniform retirement system for the benefit of
29 firefighters, emergency medical technicians, paramedics, law
30 enforcement officers, correctional officers, and correctional
31 probation officers, as defined in this act, and intends, in
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 992
Barcode 495042
1 implementing the provisions of Section 14, Article X of the
2 State Constitution as they relate to municipal and special
3 district pension trust fund systems and plans, that such
4 retirement systems or plans be managed, administered,
5 operated, and funded in such manner as to maximize the
6 protection of pension trust funds. Pursuant to Section 18,
7 Article VII of the State Constitution, the Legislature
8 determines and declares that this act fulfills an important
9 state interest.
10 Section 2. Paragraph (b) of subsection (4) of section
11 121.091, Florida Statutes, is amended to read:
12 121.091 Benefits payable under the system.--Benefits
13 may not be paid under this section unless the member has
14 terminated employment as provided in s. 121.021(39)(a) or
15 begun participation in the Deferred Retirement Option Program
16 as provided in subsection (13), and a proper application has
17 been filed in the manner prescribed by the department. The
18 department may cancel an application for retirement benefits
19 when the member or beneficiary fails to timely provide the
20 information and documents required by this chapter and the
21 department's rules. The department shall adopt rules
22 establishing procedures for application for retirement
23 benefits and for the cancellation of such application when the
24 required information or documents are not received.
25 (4) DISABILITY RETIREMENT BENEFIT.--
26 (b) Total and permanent disability.--A member shall be
27 considered totally and permanently disabled if, in the opinion
28 of the administrator, he or she is prevented, by reason of a
29 medically determinable physical or mental impairment, from
30 rendering useful and efficient service as an officer or
31 employee. A Special Risk Class member who is an officer as
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 992
Barcode 495042
1 defined in s. 943.10(1), (2), or (3); a firefighter as defined
2 in s. 633.30(1); an emergency medical technician as defined in
3 s. 401.23(11); or a paramedic as defined in s. 401.23(17) who
4 is catastrophically injured as defined in s. 121.091(4) in the
5 line of duty shall be considered totally and permanently
6 disabled and unable to render useful and efficient service as
7 an officer, unless the administrator can provide documented
8 competent medical evidence that the officer is able to render
9 useful and efficient service as an officer. For purposes of
10 this subsection, the term "officer" includes law enforcement
11 officers, correctional officers, and correctional probation
12 officers as defined in s. 943.10(1), (2), and (3) and
13 firefighters, emergency medical technicians, and paramedics.
14 Section 3. Effective July 1, 2005, in order to fund
15 the benefits provided in section 121.091, Florida Statutes, as
16 amended by this act:
17 (1) The contribution rate that applies to the Special
18 Risk Class of the defined benefit program of the Florida
19 Retirement System shall be increased by 0.03 percentage
20 points.
21 (2) The contribution rate that applies to the Special
22 Risk Administrative Support Class of the defined benefit
23 program of the Florida Retirement System shall be increased by
24 0.20 percentage points.
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26 These increases shall be in addition to all other changes to
27 such contribution rates which may be enacted into law to take
28 effect on that date. The Division of Statutory Revision is
29 directed to adjust accordingly the contribution rates set
30 forth in section 121.71, Florida Statutes.
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Florida Senate - 2005 COMMITTEE AMENDMENT
Bill No. SB 992
Barcode 495042
1 (Redesignate subsequent sections.)
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5 And the title is amended as follows:
6 On page 1, lines 2 and 3, delete the words "the retiree
7 health insurance subsidy"
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9 and insert:
10 retirement; providing legislative intent;
11 amending s. 121.091, F.S.; revising provisions
12 relating to benefits payable for total and
13 permanent disability for certain Special Risk
14 Class members of the Florida Retirement System
15 who are injured in the line of duty; providing
16 for contribution rate increases to fund
17 benefits provided in s. 121.091, F.S., as
18 amended; directing the Division of Statutory
19 Revision to adjust contribution rates set forth
20 in s. 121.71, F.S.;
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