Senate Bill sb0092
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Florida Senate - 2006 (Corrected Copy) SB 92
By Senator Fasano
11-133-06
1 A bill to be entitled
2 An act relating to retirement; providing
3 legislative intent; providing a statement of
4 important state interest; amending s. 121.091,
5 F.S.; revising provisions relating to benefits
6 payable for total and permanent disability for
7 certain Special Risk Class members of the
8 Florida Retirement System who are injured in
9 the line of duty; authorizing reemployment of a
10 person who retired with in-line-of-duty
11 disability benefits by employers not
12 participating in a state-administered
13 retirement system; authorizing reemployment of
14 a person who retired with in-line-of-duty
15 disability benefits by an employer
16 participating in a state-administered
17 retirement system after one calendar month;
18 providing for increases in the contribution
19 rate to fund benefits provided in s. 121.091,
20 F.S., as amended; directing the Division of
21 Statutory Revision to adjust contribution rates
22 set forth in s. 121.71, F.S.; providing an
23 effective date.
24
25 Be It Enacted by the Legislature of the State of Florida:
26
27 Section 1. This act may be cited as the "Officer
28 Malcolm Thompson Act."
29 Section 2. It is declared by the Legislature that
30 firefighters, emergency medical technicians, paramedics, law
31 enforcement officers, correctional officers, and correctional
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1 probation officers, as defined in this act, perform state and
2 municipal functions; that it is their duty to protect life and
3 property at their own risk and peril; that it is their duty to
4 continuously instruct school personnel, public officials, and
5 state residents about safety; and that their activities are
6 vital to the public safety. Therefore, the Legislature
7 declares that it is a proper and legitimate state purpose to
8 provide a uniform retirement system for the benefit of
9 firefighters, emergency medical technicians, paramedics, law
10 enforcement officers, correctional officers, and correctional
11 probation officers, as defined in this act, and intends, in
12 implementing the provisions of s. 14, Art. X of the State
13 Constitution as they relate to municipal and special district
14 pension trust fund systems and plans, that such retirement
15 systems or plans be managed, administered, operated, and
16 funded in such manner as to maximize the protection of pension
17 trust funds. Pursuant to s. 18, Art. VII of the State
18 Constitution, the Legislature hereby determines and declares
19 that the provisions of this act fulfill an important state
20 interest.
21 Section 3. Paragraph (b) of subsection (4) and
22 subsection (9) of section 121.091, Florida Statutes, are
23 amended to read:
24 121.091 Benefits payable under the system.--Benefits
25 may not be paid under this section unless the member has
26 terminated employment as provided in s. 121.021(39)(a) or
27 begun participation in the Deferred Retirement Option Program
28 as provided in subsection (13), and a proper application has
29 been filed in the manner prescribed by the department. The
30 department may cancel an application for retirement benefits
31 when the member or beneficiary fails to timely provide the
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1 information and documents required by this chapter and the
2 department's rules. The department shall adopt rules
3 establishing procedures for application for retirement
4 benefits and for the cancellation of such application when the
5 required information or documents are not received.
6 (4) DISABILITY RETIREMENT BENEFIT.--
7 (b) Total and permanent disability.--
8 1. Except as provided in subparagraph 2., a member
9 shall be considered totally and permanently disabled if, in
10 the opinion of the administrator, he or she is prevented, by
11 reason of a medically determinable physical or mental
12 impairment, from rendering useful and efficient service as an
13 officer or employee.
14 2. A member of the Special Risk Class who is a law
15 enforcement officer, firefighter, correctional officer,
16 emergency medical technician, paramedic as described in s.
17 121.021(15)(c), or community-based correctional probation
18 officer as described in s. 121.021(15)(d)1., shall be
19 considered totally and permanently disabled in the line of
20 duty if he or she is prevented, by reason of a medically
21 determinable physical or mental impairment caused by a
22 job-related injury, from performing useful and efficient
23 service in the position held, unless the administrator can
24 provide competent medical evidence to the contrary.
25 (9) EMPLOYMENT AFTER RETIREMENT; LIMITATION.--
26 (a)1. Except as provided in subparagraph 2., any
27 person who is retired under this chapter, except under the
28 disability retirement provisions of subsection (4), may be
29 employed by an employer that does not participate in a
30 state-administered retirement system and may receive
31 compensation from that employment without limiting or
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1 restricting in any way the retirement benefits payable to that
2 person.
3 2. Any member of the Special Risk Class who retired
4 under the disability retirement provisions of subparagraph
5 (4)(b)2. may be reemployed by any employer not participating
6 in a state-administered retirement system in any position
7 other than the position in which he or she was employed at the
8 time of the disabling illness or injury and may receive
9 compensation from that employment without limiting or
10 restricting in any way the disability benefits payable to that
11 person under the Florida Retirement System.
12 (b)1.a. Except as provided in sub-subparagraph b., any
13 person who is retired under this chapter, except under the
14 disability retirement provisions of subsection (4), may be
15 reemployed by any private or public employer after retirement
16 and receive retirement benefits and compensation from his or
17 her employer without any limitations, except that a person may
18 not receive both a salary from reemployment with any agency
19 participating in the Florida Retirement System and retirement
20 benefits under this chapter for a period of 12 months
21 immediately subsequent to the date of retirement. However, a
22 DROP participant shall continue employment and receive a
23 salary during the period of participation in the Deferred
24 Retirement Option Program, as provided in subsection (13).
25 b. Any member of the Special Risk Class who retired
26 under the disability retirement provisions of subparagraph
27 (4)(b)2. may be reemployed by any employer participating in a
28 state-administered retirement system after having been retired
29 for 1 calendar month, in accordance with s. 121.021(39). After
30 1 calendar month of retirement, any such retired member may be
31 reemployed in any position other than the one in which he or
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1 she was employed at the time of disability retirement and may
2 receive compensation from that employment without limiting or
3 restricting in any way the retirement benefits payable to that
4 person under this chapter. Any retired member who is
5 reemployed within 1 calendar month after retirement shall void
6 his or her application for retirement benefits.
7 2. Any person to whom the limitation in subparagraph
8 1. applies who violates such reemployment limitation and who
9 is reemployed with any agency participating in the Florida
10 Retirement System before completion of the 12-month limitation
11 period shall give timely notice of this fact in writing to the
12 employer and to the division and shall have his or her
13 retirement benefits suspended for the balance of the 12-month
14 limitation period. Any person employed in violation of this
15 paragraph and any employing agency which knowingly employs or
16 appoints such person without notifying the Division of
17 Retirement to suspend retirement benefits shall be jointly and
18 severally liable for reimbursement to the retirement trust
19 fund of any benefits paid during the reemployment limitation
20 period. To avoid liability, such employing agency shall have
21 a written statement from the retiree that he or she is not
22 retired from a state-administered retirement system. Any
23 retirement benefits received while reemployed during this
24 reemployment limitation period shall be repaid to the
25 retirement trust fund, and retirement benefits shall remain
26 suspended until such repayment has been made. Benefits
27 suspended beyond the reemployment limitation shall apply
28 toward repayment of benefits received in violation of the
29 reemployment limitation.
30 3. A district school board may reemploy a retired
31 member as a substitute or hourly teacher, education
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1 paraprofessional, transportation assistant, bus driver, or
2 food service worker on a noncontractual basis after he or she
3 has been retired for 1 calendar month, in accordance with s.
4 121.021(39). A district school board may reemploy a retired
5 member as instructional personnel, as defined in s.
6 1012.01(2)(a), on an annual contractual basis after he or she
7 has been retired for 1 calendar month, in accordance with s.
8 121.021(39). Any other retired member who is reemployed within
9 1 calendar month after retirement shall void his or her
10 application for retirement benefits. District school boards
11 reemploying such teachers, education paraprofessionals,
12 transportation assistants, bus drivers, or food service
13 workers are subject to the retirement contribution required by
14 subparagraph 7.
15 4. A community college board of trustees may reemploy
16 a retired member as an adjunct instructor, that is, an
17 instructor who is noncontractual and part-time, or as a
18 participant in a phased retirement program within the Florida
19 Community College System, after he or she has been retired for
20 1 calendar month, in accordance with s. 121.021(39). Any
21 retired member who is reemployed within 1 calendar month after
22 retirement shall void his or her application for retirement
23 benefits. Boards of trustees reemploying such instructors are
24 subject to the retirement contribution required in
25 subparagraph 7. A retired member may be reemployed as an
26 adjunct instructor for no more than 780 hours during the first
27 12 months of retirement. Any retired member reemployed for
28 more than 780 hours during the first 12 months of retirement
29 shall give timely notice in writing to the employer and to the
30 division of the date he or she will exceed the limitation.
31 The division shall suspend his or her retirement benefits for
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1 the remainder of the first 12 months of retirement. Any
2 person employed in violation of this subparagraph and any
3 employing agency which knowingly employs or appoints such
4 person without notifying the Division of Retirement to suspend
5 retirement benefits shall be jointly and severally liable for
6 reimbursement to the retirement trust fund of any benefits
7 paid during the reemployment limitation period. To avoid
8 liability, such employing agency shall have a written
9 statement from the retiree that he or she is not retired from
10 a state-administered retirement system. Any retirement
11 benefits received by a retired member while reemployed in
12 excess of 780 hours during the first 12 months of retirement
13 shall be repaid to the Retirement System Trust Fund, and
14 retirement benefits shall remain suspended until repayment is
15 made. Benefits suspended beyond the end of the retired
16 member's first 12 months of retirement shall apply toward
17 repayment of benefits received in violation of the 780-hour
18 reemployment limitation.
19 5. The State University System may reemploy a retired
20 member as an adjunct faculty member or as a participant in a
21 phased retirement program within the State University System
22 after the retired member has been retired for 1 calendar
23 month, in accordance with s. 121.021(39). Any retired member
24 who is reemployed within 1 calendar month after retirement
25 shall void his or her application for retirement benefits.
26 The State University System is subject to the retirement
27 retired contribution required in subparagraph 7., as
28 appropriate. A retired member may be reemployed as an adjunct
29 faculty member or a participant in a phased retirement program
30 for no more than 780 hours during the first 12 months of his
31 or her retirement. Any retired member reemployed for more
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1 than 780 hours during the first 12 months of retirement shall
2 give timely notice in writing to the employer and to the
3 division of the date he or she will exceed the limitation.
4 The division shall suspend his or her retirement benefits for
5 the remainder of the first 12 months of retirement. Any person
6 employed in violation of this subparagraph and any employing
7 agency which knowingly employs or appoints such person without
8 notifying the Division of Retirement to suspend retirement
9 benefits shall be jointly and severally liable for
10 reimbursement to the retirement trust fund of any benefits
11 paid during the reemployment limitation period. To avoid
12 liability, such employing agency shall have a written
13 statement from the retiree that he or she is not retired from
14 a state-administered retirement system. Any retirement
15 benefits received by a retired member while reemployed in
16 excess of 780 hours during the first 12 months of retirement
17 shall be repaid to the Retirement System Trust Fund, and
18 retirement benefits shall remain suspended until repayment is
19 made. Benefits suspended beyond the end of the retired
20 member's first 12 months of retirement shall apply toward
21 repayment of benefits received in violation of the 780-hour
22 reemployment limitation.
23 6. The Board of Trustees of the Florida School for the
24 Deaf and the Blind may reemploy a retired member as a
25 substitute teacher, substitute residential instructor, or
26 substitute nurse on a noncontractual basis after he or she has
27 been retired for 1 calendar month, in accordance with s.
28 121.021(39). Any retired member who is reemployed within 1
29 calendar month after retirement shall void his or her
30 application for retirement benefits. The Board of Trustees of
31 the Florida School for the Deaf and the Blind reemploying such
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1 teachers, residential instructors, or nurses is subject to the
2 retirement contribution required by subparagraph 7.
3 Reemployment of a retired member as a substitute teacher,
4 substitute residential instructor, or substitute nurse is
5 limited to 780 hours during the first 12 months of his or her
6 retirement. Any retired member reemployed for more than 780
7 hours during the first 12 months of retirement shall give
8 timely notice in writing to the employer and to the division
9 of the date he or she will exceed the limitation. The division
10 shall suspend his or her retirement benefits for the remainder
11 of the first 12 months of retirement. Any person employed in
12 violation of this subparagraph and any employing agency which
13 knowingly employs or appoints such person without notifying
14 the Division of Retirement to suspend retirement benefits
15 shall be jointly and severally liable for reimbursement to the
16 retirement trust fund of any benefits paid during the
17 reemployment limitation period. To avoid liability, such
18 employing agency shall have a written statement from the
19 retiree that he or she is not retired from a
20 state-administered retirement system. Any retirement benefits
21 received by a retired member while reemployed in excess of 780
22 hours during the first 12 months of retirement shall be repaid
23 to the Retirement System Trust Fund, and his or her retirement
24 benefits shall remain suspended until payment is made.
25 Benefits suspended beyond the end of the retired member's
26 first 12 months of retirement shall apply toward repayment of
27 benefits received in violation of the 780-hour reemployment
28 limitation.
29 7. The employment by an employer of any retiree or
30 DROP participant of any state-administered retirement system
31 shall have no effect on the average final compensation or
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1 years of creditable service of the retiree or DROP
2 participant. Prior to July 1, 1991, upon employment of any
3 person, other than an elected officer as provided in s.
4 121.053, who has been retired under any state-administered
5 retirement program, the employer shall pay retirement
6 contributions in an amount equal to the unfunded actuarial
7 liability portion of the employer contribution which would be
8 required for regular members of the Florida Retirement System.
9 Effective July 1, 1991, contributions shall be made as
10 provided in s. 121.122 for retirees with renewed membership or
11 subsection (13) with respect to DROP participants.
12 8. Any person who has previously retired and who is
13 holding an elective public office or an appointment to an
14 elective public office eligible for the Elected Officers'
15 Class on or after July 1, 1990, shall be enrolled in the
16 Florida Retirement System as provided in s. 121.053(1)(b) or,
17 if holding an elective public office that does not qualify for
18 the Elected Officers' Class on or after July 1, 1991, shall be
19 enrolled in the Florida Retirement System as provided in s.
20 121.122, and shall continue to receive retirement benefits as
21 well as compensation for the elected officer's service for as
22 long as he or she remains in elective office. However, any
23 retired member who served in an elective office prior to July
24 1, 1990, suspended his or her retirement benefit, and had his
25 or her Florida Retirement System membership reinstated shall,
26 upon retirement from such office, have his or her retirement
27 benefit recalculated to include the additional service and
28 compensation earned.
29 9. Any person who is holding an elective public office
30 which is covered by the Florida Retirement System and who is
31 concurrently employed in nonelected covered employment may
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1 elect to retire while continuing employment in the elective
2 public office, provided that he or she shall be required to
3 terminate his or her nonelected covered employment. Any
4 person who exercises this election shall receive his or her
5 retirement benefits in addition to the compensation of the
6 elective office without regard to the time limitations
7 otherwise provided in this subsection. No person who seeks to
8 exercise the provisions of this subparagraph, as the same
9 existed prior to May 3, 1984, shall be deemed to be retired
10 under those provisions, unless such person is eligible to
11 retire under the provisions of this subparagraph, as amended
12 by chapter 84-11, Laws of Florida.
13 10. The limitations of this paragraph apply to
14 reemployment in any capacity with an "employer" as defined in
15 s. 121.021(10), irrespective of the category of funds from
16 which the person is compensated.
17 11. Except as provide in subparagraph 12., an
18 employing agency may reemploy a retired member as a
19 firefighter or paramedic after the retired member has been
20 retired for 1 calendar month, in accordance with s.
21 121.021(39). Any retired member who is reemployed within 1
22 calendar month after retirement shall void his or her
23 application for retirement benefits. The employing agency
24 reemploying such firefighter or paramedic is subject to the
25 retirement retired contribution required in subparagraph 7. 8.
26 Reemployment of a retired firefighter or paramedic is limited
27 to no more than 780 hours during the first 12 months of his or
28 her retirement. Any retired member reemployed for more than
29 780 hours during the first 12 months of retirement shall give
30 timely notice in writing to the employer and to the division
31 of the date he or she will exceed the limitation. The division
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1 shall suspend his or her retirement benefits for the remainder
2 of the first 12 months of retirement. Any person employed in
3 violation of this subparagraph and any employing agency which
4 knowingly employs or appoints such person without notifying
5 the Division of Retirement to suspend retirement benefits
6 shall be jointly and severally liable for reimbursement to the
7 Retirement System Trust Fund of any benefits paid during the
8 reemployment limitation period. To avoid liability, such
9 employing agency shall have a written statement from the
10 retiree that he or she is not retired from a
11 state-administered retirement system. Any retirement benefits
12 received by a retired member while reemployed in excess of 780
13 hours during the first 12 months of retirement shall be repaid
14 to the Retirement System Trust Fund, and retirement benefits
15 shall remain suspended until repayment is made. Benefits
16 suspended beyond the end of the retired member's first 12
17 months of retirement shall apply toward repayment of benefits
18 received in violation of the 780-hour reemployment limitation.
19 12. An employing agency may reemploy a retired member
20 who retired under the disability provisions of subparagraph
21 (4)(b)2., as a law enforcement officer, firefighter,
22 correctional officer, emergency medical technician, paramedic,
23 or a community-based correctional probation officer, after the
24 retired member has been retired for 1 calendar month, in
25 accordance with s. 121.021(39). Such retired member may not be
26 reemployed with any employer in the position he or she held at
27 the time of the disabling illness or injury. Any retired
28 member who is reemployed within 1 calendar month after
29 retirement shall void his or her application for retirement
30 benefits. The employing agency reemploying such a member is
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1 subject to the retirement contribution required in
2 subparagraph 7.
3 (c) The provisions of this subsection apply to
4 retirees, as defined in s. 121.4501(2)(j), of the Public
5 Employee Optional Retirement Program created in part II,
6 subject to the following conditions:
7 1. Such retirees may not be reemployed with an
8 employer participating in the Florida Retirement System as
9 provided in paragraph (b) until such person has been retired
10 for 3 calendar months, unless the participant has reached the
11 normal retirement requirements of the defined benefit plan as
12 provided in s. 121.021(29).
13 2. Such retiree employed in violation of this
14 subsection and any employing agency that knowingly employs or
15 appoints such person shall be jointly and severally liable for
16 reimbursement of any benefits paid to the retirement trust
17 fund from which the benefits were paid, including the
18 Retirement System Trust Fund and the Public Employee Optional
19 Retirement Program Trust Fund, as appropriate. To avoid
20 liability, such employing agency must have a written statement
21 from the retiree that he or she is not retired from a
22 state-administered retirement system.
23 Section 4. Effective July 1, 2006, in order to fund
24 the benefit improvements provided in s. 121.091, Florida
25 Statutes, as amended by this act, the contribution rate that
26 applies to the Special Risk Class of the defined benefit
27 program of the Florida Retirement System shall be increased by
28 0.31 percentage points. This increase shall be in addition to
29 all other changes to such contribution rates which may be
30 enacted into law to take effect on that date. The Division of
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1 Statutory Revision is directed to adjust accordingly the
2 contribution rates set forth in s. 121.71, Florida Statutes.
3 Section 5. This act shall take effect July 1, 2006.
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6 SENATE SUMMARY
7 Revises the benefits payable for total and permanent
disability for certain Special Risk Class members of the
8 Florida Retirement System who are injured in the line of
duty. Authorizes reemployment of certain persons who
9 retired with in-line-of-duty disability benefits.
Authorizes reemployment of a person who retired with
10 in-line-of-duty disability benefits by an employer
participating in a state-administered retirement system
11 after 1 calendar month. Provides for increases in the
contribution rate to fund benefits provided in s.
12 121.091, F.S. (See bill for details.)
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