Florida Senate - 2005                      COMMITTEE AMENDMENT
    Bill No. SB 992
                        Barcode 495042
                            CHAMBER ACTION
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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,
16  
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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    12:09 PM   04/25/05                            s0992c-go06-c9j

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 2 12:09 PM 04/25/05 s0992c-go06-c9j
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. 25 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. 31 3 12:09 PM 04/25/05 s0992c-go06-c9j
Florida Senate - 2005 COMMITTEE AMENDMENT Bill No. SB 992 Barcode 495042 1 (Redesignate subsequent sections.) 2 3 4 ================ T I T L E A M E N D M E N T =============== 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" 8 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.; 21 22 23 24 25 26 27 28 29 30 31 4 12:09 PM 04/25/05 s0992c-go06-c9j