HB 143

1
A bill to be entitled
2An act relating to retirement; providing a short title;
3providing legislative intent; providing a statement of
4important state interest; amending s. 121.091, F.S.;
5revising provisions relating to benefits payable for total
6and permanent disability for certain Special Risk Class
7members of the Florida Retirement System who are injured
8in the line of duty; authorizing reemployment of a person
9who retired with in-line-of-duty disability benefits by
10employers not participating in a state-administered
11retirement system; authorizing reemployment of a person
12who retired with in-line-of-duty disability benefits by an
13employer participating in a state-administered retirement
14system after 1 calendar month; providing for contribution
15rate increases to fund benefits provided in s. 121.091,
16F.S., as amended; directing the Division of Statutory
17Revision to adjust contribution rates set forth in s.
18121.71, F.S.; providing an effective date.
19
20Be It Enacted by the Legislature of the State of Florida:
21
22     Section 1.  This act may be cited as the "Officer Malcolm
23Thompson Act."
24     Section 2.  It is declared by the Legislature that
25firefighters, emergency medical technicians, paramedics, law
26enforcement officers, correctional officers, and correctional
27probation officers, as defined in this act, perform state and
28municipal functions; that it is their duty to protect life and
29property at their own risk and peril; that it is their duty to
30continuously instruct school personnel, public officials, and
31private citizens about safety; and that their activities are
32vital to the public safety. Therefore, the Legislature declares
33that it is a proper and legitimate state purpose to provide a
34uniform retirement system for the benefit of firefighters,
35emergency medical technicians, paramedics, law enforcement
36officers, correctional officers, and correctional probation
37officers, as defined in this act, and intends, in implementing
38the provisions of s. 14, Art. X of the State Constitution as
39they relate to municipal and special district pension trust fund
40systems and plans, that such retirement systems or plans be
41managed, administered, operated, and funded in such manner as to
42maximize the protection of pension trust funds. Pursuant to s.
4318, Art. VII of the State Constitution, the Legislature hereby
44determines and declares that the provisions of this act fulfill
45an important state interest.
46     Section 3.  Paragraph (b) of subsection (4) and subsection
47(9) of section 121.091, Florida Statutes, are amended to read:
48     121.091  Benefits payable under the system.--Benefits may
49not be paid under this section unless the member has terminated
50employment as provided in s. 121.021(39)(a) or begun
51participation in the Deferred Retirement Option Program as
52provided in subsection (13), and a proper application has been
53filed in the manner prescribed by the department. The department
54may cancel an application for retirement benefits when the
55member or beneficiary fails to timely provide the information
56and documents required by this chapter and the department's
57rules. The department shall adopt rules establishing procedures
58for application for retirement benefits and for the cancellation
59of such application when the required information or documents
60are not received.
61     (4)  DISABILITY RETIREMENT BENEFIT.--
62     (b)  Total and permanent disability.--
63     1.  Except as provided in subparagraph 2., a member shall
64be considered totally and permanently disabled if, in the
65opinion of the administrator, he or she is prevented, by reason
66of a medically determinable physical or mental impairment, from
67rendering useful and efficient service as an officer or
68employee.
69     2.  A member of the Special Risk Class who is a law
70enforcement officer, firefighter, correctional officer,
71emergency medical technician, paramedic as described in s.
72121.021(15)(c), or community-based correctional probation
73officer as described in s. 121.021(15)(d)1., shall be considered
74totally and permanently disabled in the line of duty if he or
75she is prevented, by reason of a medically determinable physical
76or mental impairment caused by a job-related injury, from
77performing useful and efficient service in the position held,
78unless the administrator can provide competent medical evidence
79to the contrary.
80     (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--
81     (a)1.  Except as provided in subparagraph 2., any person
82who is retired under this chapter, except under the disability
83retirement provisions of subsection (4), may be employed by an
84employer that does not participate in a state-administered
85retirement system and may receive compensation from that
86employment without limiting or restricting in any way the
87retirement benefits payable to that person.
88     2.  Any member of the Special Risk Class who retired under
89the disability retirement provisions of subparagraph (4)(b)2.
90may be reemployed by any employer not participating in a state-
91administered retirement system in any position other than the
92position in which he or she was employed at the time of the
93disabling illness or injury and may receive compensation from
94that employment without limiting or restricting in any way the
95disability benefits payable to that person under the Florida
96Retirement System.
97     (b)1.a.  Except as provided in sub-subparagraph b., any
98person who is retired under this chapter, except under the
99disability retirement provisions of subsection (4), may be
100reemployed by any private or public employer after retirement
101and receive retirement benefits and compensation from his or her
102employer without any limitations, except that a person may not
103receive both a salary from reemployment with any agency
104participating in the Florida Retirement System and retirement
105benefits under this chapter for a period of 12 months
106immediately subsequent to the date of retirement. However, a
107DROP participant shall continue employment and receive a salary
108during the period of participation in the Deferred Retirement
109Option Program, as provided in subsection (13).
110     b.  Any member of the Special Risk Class who retired under
111the disability retirement provisions of subparagraph (4)(b)2.
112may be reemployed by any employer participating in a state-
113administered retirement system after having been retired for 1
114calendar month, in accordance with s. 121.021(39). After 1
115calendar month of retirement, any such retired member may be
116reemployed in any position other than the one in which he or she
117was employed at the time of disability retirement and may
118receive compensation from that employment without limiting or
119restricting in any way the retirement benefits payable to that
120person under this chapter. Any retired member who is reemployed
121within 1 calendar month after retirement shall void his or her
122application for retirement benefits.
123     2.  Any person to whom the limitation in subparagraph 1.
124applies who violates such reemployment limitation and who is
125reemployed with any agency participating in the Florida
126Retirement System before completion of the 12-month limitation
127period shall give timely notice of this fact in writing to the
128employer and to the division and shall have his or her
129retirement benefits suspended for the balance of the 12-month
130limitation period. Any person employed in violation of this
131paragraph and any employing agency which knowingly employs or
132appoints such person without notifying the Division of
133Retirement to suspend retirement benefits shall be jointly and
134severally liable for reimbursement to the retirement trust fund
135of any benefits paid during the reemployment limitation period.
136To avoid liability, such employing agency shall have a written
137statement from the retiree that he or she is not retired from a
138state-administered retirement system. Any retirement benefits
139received while reemployed during this reemployment limitation
140period shall be repaid to the retirement trust fund, and
141retirement benefits shall remain suspended until such repayment
142has been made. Benefits suspended beyond the reemployment
143limitation shall apply toward repayment of benefits received in
144violation of the reemployment limitation.
145     3.  A district school board may reemploy a retired member
146as a substitute or hourly teacher, education paraprofessional,
147transportation assistant, bus driver, or food service worker on
148a noncontractual basis after he or she has been retired for 1
149calendar month, in accordance with s. 121.021(39). A district
150school board may reemploy a retired member as instructional
151personnel, as defined in s. 1012.01(2)(a), on an annual
152contractual basis after he or she has been retired for 1
153calendar month, in accordance with s. 121.021(39). Any other
154retired member who is reemployed within 1 calendar month after
155retirement shall void his or her application for retirement
156benefits. District school boards reemploying such teachers,
157education paraprofessionals, transportation assistants, bus
158drivers, or food service workers are subject to the retirement
159contribution required by subparagraph 7.
160     4.  A community college board of trustees may reemploy a
161retired member as an adjunct instructor, that is, an instructor
162who is noncontractual and part-time, or as a participant in a
163phased retirement program within the Florida Community College
164System, after he or she has been retired for 1 calendar month,
165in accordance with s. 121.021(39). Any retired member who is
166reemployed within 1 calendar month after retirement shall void
167his or her application for retirement benefits. Boards of
168trustees reemploying such instructors are subject to the
169retirement contribution required in subparagraph 7. A retired
170member may be reemployed as an adjunct instructor for no more
171than 780 hours during the first 12 months of retirement. Any
172retired member reemployed for more than 780 hours during the
173first 12 months of retirement shall give timely notice in
174writing to the employer and to the division of the date he or
175she will exceed the limitation. The division shall suspend his
176or her retirement benefits for the remainder of the first 12
177months of retirement. Any person employed in violation of this
178subparagraph and any employing agency which knowingly employs or
179appoints such person without notifying the Division of
180Retirement to suspend retirement benefits shall be jointly and
181severally liable for reimbursement to the retirement trust fund
182of any benefits paid during the reemployment limitation period.
183To avoid liability, such employing agency shall have a written
184statement from the retiree that he or she is not retired from a
185state-administered retirement system. Any retirement benefits
186received by a retired member while reemployed in excess of 780
187hours during the first 12 months of retirement shall be repaid
188to the Retirement System Trust Fund, and retirement benefits
189shall remain suspended until repayment is made. Benefits
190suspended beyond the end of the retired member's first 12 months
191of retirement shall apply toward repayment of benefits received
192in violation of the 780-hour reemployment limitation.
193     5.  The State University System may reemploy a retired
194member as an adjunct faculty member or as a participant in a
195phased retirement program within the State University System
196after the retired member has been retired for 1 calendar month,
197in accordance with s. 121.021(39). Any retired member who is
198reemployed within 1 calendar month after retirement shall void
199his or her application for retirement benefits. The State
200University System is subject to the retirement retired
201contribution required in subparagraph 7., as appropriate. A
202retired member may be reemployed as an adjunct faculty member or
203a participant in a phased retirement program for no more than
204780 hours during the first 12 months of his or her retirement.
205Any retired member reemployed for more than 780 hours during the
206first 12 months of retirement shall give timely notice in
207writing to the employer and to the division of the date he or
208she will exceed the limitation. The division shall suspend his
209or her retirement benefits for the remainder of the first 12
210months of retirement. Any person employed in violation of this
211subparagraph and any employing agency which knowingly employs or
212appoints such person without notifying the Division of
213Retirement to suspend retirement benefits shall be jointly and
214severally liable for reimbursement to the retirement trust fund
215of any benefits paid during the reemployment limitation period.
216To avoid liability, such employing agency shall have a written
217statement from the retiree that he or she is not retired from a
218state-administered retirement system. Any retirement benefits
219received by a retired member while reemployed in excess of 780
220hours during the first 12 months of retirement shall be repaid
221to the Retirement System Trust Fund, and retirement benefits
222shall remain suspended until repayment is made. Benefits
223suspended beyond the end of the retired member's first 12 months
224of retirement shall apply toward repayment of benefits received
225in violation of the 780-hour reemployment limitation.
226     6.  The Board of Trustees of the Florida School for the
227Deaf and the Blind may reemploy a retired member as a substitute
228teacher, substitute residential instructor, or substitute nurse
229on a noncontractual basis after he or she has been retired for 1
230calendar month, in accordance with s. 121.021(39). Any retired
231member who is reemployed within 1 calendar month after
232retirement shall void his or her application for retirement
233benefits. The Board of Trustees of the Florida School for the
234Deaf and the Blind reemploying such teachers, residential
235instructors, or nurses is subject to the retirement contribution
236required by subparagraph 7. Reemployment of a retired member as
237a substitute teacher, substitute residential instructor, or
238substitute nurse is limited to 780 hours during the first 12
239months of his or her retirement. Any retired member reemployed
240for more than 780 hours during the first 12 months of retirement
241shall give timely notice in writing to the employer and to the
242division of the date he or she will exceed the limitation. The
243division shall suspend his or her retirement benefits for the
244remainder of the first 12 months of retirement. Any person
245employed in violation of this subparagraph and any employing
246agency which knowingly employs or appoints such person without
247notifying the Division of Retirement to suspend retirement
248benefits shall be jointly and severally liable for reimbursement
249to the retirement trust fund of any benefits paid during the
250reemployment limitation period. To avoid liability, such
251employing agency shall have a written statement from the retiree
252that he or she is not retired from a state-administered
253retirement system. Any retirement benefits received by a retired
254member while reemployed in excess of 780 hours during the first
25512 months of retirement shall be repaid to the Retirement System
256Trust Fund, and his or her retirement benefits shall remain
257suspended until payment is made. Benefits suspended beyond the
258end of the retired member's first 12 months of retirement shall
259apply toward repayment of benefits received in violation of the
260780-hour reemployment limitation.
261     7.  The employment by an employer of any retiree or DROP
262participant of any state-administered retirement system shall
263have no effect on the average final compensation or years of
264creditable service of the retiree or DROP participant. Prior to
265July 1, 1991, upon employment of any person, other than an
266elected officer as provided in s. 121.053, who has been retired
267under any state-administered retirement program, the employer
268shall pay retirement contributions in an amount equal to the
269unfunded actuarial liability portion of the employer
270contribution which would be required for regular members of the
271Florida Retirement System. Effective July 1, 1991, contributions
272shall be made as provided in s. 121.122 for retirees with
273renewed membership or subsection (13) with respect to DROP
274participants.
275     8.  Any person who has previously retired and who is
276holding an elective public office or an appointment to an
277elective public office eligible for the Elected Officers' Class
278on or after July 1, 1990, shall be enrolled in the Florida
279Retirement System as provided in s. 121.053(1)(b) or, if holding
280an elective public office that does not qualify for the Elected
281Officers' Class on or after July 1, 1991, shall be enrolled in
282the Florida Retirement System as provided in s. 121.122, and
283shall continue to receive retirement benefits as well as
284compensation for the elected officer's service for as long as he
285or she remains in elective office. However, any retired member
286who served in an elective office prior to July 1, 1990,
287suspended his or her retirement benefit, and had his or her
288Florida Retirement System membership reinstated shall, upon
289retirement from such office, have his or her retirement benefit
290recalculated to include the additional service and compensation
291earned.
292     9.  Any person who is holding an elective public office
293which is covered by the Florida Retirement System and who is
294concurrently employed in nonelected covered employment may elect
295to retire while continuing employment in the elective public
296office, provided that he or she shall be required to terminate
297his or her nonelected covered employment. Any person who
298exercises this election shall receive his or her retirement
299benefits in addition to the compensation of the elective office
300without regard to the time limitations otherwise provided in
301this subsection. No person who seeks to exercise the provisions
302of this subparagraph, as the same existed prior to May 3, 1984,
303shall be deemed to be retired under those provisions, unless
304such person is eligible to retire under the provisions of this
305subparagraph, as amended by chapter 84-11, Laws of Florida.
306     10.  The limitations of this paragraph apply to
307reemployment in any capacity with an "employer" as defined in s.
308121.021(10), irrespective of the category of funds from which
309the person is compensated.
310     11.  Except as provided in subparagraph 12., an employing
311agency may reemploy a retired member as a firefighter or
312paramedic after the retired member has been retired for 1
313calendar month, in accordance with s. 121.021(39). Any retired
314member who is reemployed within 1 calendar month after
315retirement shall void his or her application for retirement
316benefits. The employing agency reemploying such firefighter or
317paramedic is subject to the retirement retired contribution
318required in subparagraph 7. 8. Reemployment of a retired
319firefighter or paramedic is limited to no more than 780 hours
320during the first 12 months of his or her retirement. Any retired
321member reemployed for more than 780 hours during the first 12
322months of retirement shall give timely notice in writing to the
323employer and to the division of the date he or she will exceed
324the limitation. The division shall suspend his or her retirement
325benefits for the remainder of the first 12 months of retirement.
326Any person employed in violation of this subparagraph and any
327employing agency which knowingly employs or appoints such person
328without notifying the Division of Retirement to suspend
329retirement benefits shall be jointly and severally liable for
330reimbursement to the Retirement System Trust Fund of any
331benefits paid during the reemployment limitation period. To
332avoid liability, such employing agency shall have a written
333statement from the retiree that he or she is not retired from a
334state-administered retirement system. Any retirement benefits
335received by a retired member while reemployed in excess of 780
336hours during the first 12 months of retirement shall be repaid
337to the Retirement System Trust Fund, and retirement benefits
338shall remain suspended until repayment is made. Benefits
339suspended beyond the end of the retired member's first 12 months
340of retirement shall apply toward repayment of benefits received
341in violation of the 780-hour reemployment limitation.
342     12.  An employing agency may reemploy a retired member who
343retired under the disability provisions of subparagraph (4)(b)2.
344as a law enforcement officer, firefighter, correctional officer,
345emergency medical technician, paramedic, or a community-based
346correctional probation officer after the retired member has been
347retired for 1 calendar month, in accordance with s. 121.021(39).
348Such retired member may not be reemployed with any employer in
349the position he or she held at the time of the disabling illness
350or injury. Any retired member who is reemployed within 1
351calendar month after retirement shall void his or her
352application for retirement benefits. The employing agency
353reemploying such a member is subject to the retirement
354contribution required in subparagraph 7.
355     Section 4.  Effective July 1, 2006, in order to fund the
356benefit improvements provided in s. 121.091, Florida Statutes,
357as amended by this act, the contribution rate that applies to
358the Special Risk Class of the defined benefit program of the
359Florida Retirement System shall be increased by 0.31 percentage
360points. This increase shall be in addition to all other changes
361to such contribution rates which may be enacted into law to take
362effect on that date. The Division of Statutory Revision is
363directed to adjust accordingly the contribution rates set forth
364in s. 121.71, Florida Statutes.
365     Section 5.  This act shall take effect July 1, 2006.


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