Senate Bill sb0992c1
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Florida Senate - 2005 CS for SB 992
By the Committee on Governmental Oversight and Productivity;
and Senators Smith, Lynn and Lawson
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1 A bill to be entitled
2 An act relating to retirement; providing
3 legislative intent; amending s. 121.091, F.S.;
4 revising provisions relating to benefits
5 payable for total and permanent disability for
6 certain Special Risk Class members of the
7 Florida Retirement System who are injured in
8 the line of duty; providing for contribution
9 rate increases to fund benefits provided in s.
10 121.091, F.S., as amended; directing the
11 Division of Statutory Revision to adjust
12 contribution rates set forth in s. 121.71,
13 F.S.; amending s. 112.363, F.S.; defining the
14 term "the member begins drawing retirement
15 benefits" for purposes of determining
16 eligibility for the subsidy; revising the
17 method of calculating the subsidy amount for
18 certain retirees and beneficiaries; providing
19 an effective date.
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21 Be It Enacted by the Legislature of the State of Florida:
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23 Section 1. The Legislature declares that firefighters,
24 emergency medical technicians, paramedics, law enforcement
25 officers, correctional officers, and correctional probation
26 officers, as defined in this act, perform state and municipal
27 functions; that it is their duty to protect life and property
28 at their own risk and peril; that it is their duty to
29 continuously instruct school personnel, public officials, and
30 private citizens about safety; and that their activities are
31 vital to the public safety. Therefore, the Legislature
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Florida Senate - 2005 CS for SB 992
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1 declares that it is a proper and legitimate state purpose to
2 provide a uniform retirement system for the benefit of
3 firefighters, emergency medical technicians, paramedics, law
4 enforcement officers, correctional officers, and correctional
5 probation officers, as defined in this act, and intends, in
6 implementing the provisions of Section 14, Article X of the
7 State Constitution as they relate to municipal and special
8 district pension trust fund systems and plans, that such
9 retirement systems or plans be managed, administered,
10 operated, and funded in such manner as to maximize the
11 protection of pension trust funds. Pursuant to Section 18,
12 Article VII of the State Constitution, the Legislature
13 determines and declares that this act fulfills an important
14 state interest.
15 Section 2. Paragraph (b) of subsection (4) of section
16 121.091, Florida Statutes, is amended to read:
17 121.091 Benefits payable under the system.--Benefits
18 may not be paid under this section unless the member has
19 terminated employment as provided in s. 121.021(39)(a) or
20 begun participation in the Deferred Retirement Option Program
21 as provided in subsection (13), and a proper application has
22 been filed in the manner prescribed by the department. The
23 department may cancel an application for retirement benefits
24 when the member or beneficiary fails to timely provide the
25 information and documents required by this chapter and the
26 department's rules. The department shall adopt rules
27 establishing procedures for application for retirement
28 benefits and for the cancellation of such application when the
29 required information or documents are not received.
30 (4) DISABILITY RETIREMENT BENEFIT.--
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1 (b) Total and permanent disability.--A member shall be
2 considered totally and permanently disabled if, in the opinion
3 of the administrator, he or she is prevented, by reason of a
4 medically determinable physical or mental impairment, from
5 rendering useful and efficient service as an officer or
6 employee. A Special Risk Class member who is an officer as
7 defined in s. 943.10(1), (2), or (3); a firefighter as defined
8 in s. 633.30(1); an emergency medical technician as defined in
9 s. 401.23(11); or a paramedic as defined in s. 401.23(17) who
10 is catastrophically injured as defined in s. 121.091(4) in the
11 line of duty shall be considered totally and permanently
12 disabled and unable to render useful and efficient service as
13 an officer, unless the administrator can provide documented
14 competent medical evidence that the officer is able to render
15 useful and efficient service as an officer. For purposes of
16 this subsection, the term "officer" includes law enforcement
17 officers, correctional officers, and correctional probation
18 officers as defined in s. 943.10(1), (2), and (3) and
19 firefighters, emergency medical technicians, and paramedics.
20 Section 3. Effective July 1, 2005, in order to fund
21 the benefits provided in section 121.091, Florida Statutes, as
22 amended by this act:
23 (1) The contribution rate that applies to the Special
24 Risk Class of the defined benefit program of the Florida
25 Retirement System shall be increased by 0.03 percentage
26 points.
27 (2) The contribution rate that applies to the Special
28 Risk Administrative Support Class of the defined benefit
29 program of the Florida Retirement System shall be increased by
30 0.20 percentage points.
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1 These increases shall be in addition to all other changes to
2 such contribution rates which may be enacted into law to take
3 effect on that date. The Division of Statutory Revision is
4 directed to adjust accordingly the contribution rates set
5 forth in section 121.71, Florida Statutes.
6 Section 4. Paragraph (b) of subsection (2) of section
7 112.363, Florida Statutes, is amended, and paragraph (f) is
8 added to subsection (3) of that section, to read:
9 112.363 Retiree health insurance subsidy.--
10 (2) ELIGIBILITY FOR RETIREE HEALTH INSURANCE
11 SUBSIDY.--
12 (b) For purposes of this section, a person is deemed
13 retired from a state-administered retirement system when he or
14 she terminates employment with all employers participating in
15 the Florida Retirement System as described in s. 121.021(39)
16 and:
17 1. For a participant of the Public Employee Optional
18 Retirement Program established under part II of chapter 121,
19 the participant meets the age or service requirements to
20 qualify for normal retirement as set forth in s. 121.021(29).
21 2. For a member of the Florida Retirement System
22 defined benefit program, or any employee who maintains
23 creditable service under both the defined benefit program and
24 the Public Employee Optional Retirement Program, the member
25 begins drawing retirement benefits from the defined benefit
26 program of the Florida Retirement System. As used in this
27 subparagraph, the term "the member begins drawing retirement
28 benefits" means that the retired member has received his or
29 her monthly retirement benefit at a place of his or her
30 choosing.
31 (3) RETIREE HEALTH INSURANCE SUBSIDY AMOUNT.--
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1 (f) Beginning January 1, 2006, each eligible retiree
2 of the defined benefit program of the Florida Retirement
3 System or, if the retiree is deceased, his or her beneficiary
4 who is receiving a monthly benefit from such retiree's account
5 and who is a spouse, or a person who meets the definition of
6 joint annuitant in s. 121.021(28), shall receive a monthly
7 retiree health insurance subsidy payment equal to the number
8 of years of creditable service, as defined in s. 121.021(17),
9 completed at the time of retirement, in addition to a maximum
10 of 60 months the retiree participated in DROP, multiplied by
11 $5; however, no eligible retiree or beneficiary may receive a
12 subsidy payment of more than $150 or less than $30. If there
13 are multiple beneficiaries, the total payment must not be
14 greater than the payment to which the retiree was entitled.
15 The health insurance subsidy amount payable to any person
16 receiving the retiree health insurance subsidy payment on July
17 1, 2001, may not be reduced solely by operation of this
18 paragraph.
19 Section 5. This act shall take effect January 1, 2006.
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1 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
2 Senate Bill 992
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4 Modifies directory language to create a new subsection.
5 Changes effective date to January 1, 2006.
6 Provides an important state interest clause.
7 Provides that certain officers in the special risk class who
are catastrophically injured in the line of duty be considered
8 totally and permanently disabled and unable to render useful
and efficient service, unless the administrator can provide
9 documented competent medical evidence that the officer is able
to render useful and efficient service as an officer.
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Increases the contribution rate that applies to the Special
11 Risk Class of the defined benefit program of the FRS by 0.03
percentage points and the contribution rate that applies to
12 the Special Risk Administrative Support Class of the defined
benefit program of the FRS by 0.20 percentage points.
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