Senate Bill sb2072

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    Florida Senate - 2007                                  SB 2072

    By Senator Oelrich





    14-780A-07

  1                      A bill to be entitled

  2         An act relating to the State Retirement System;

  3         creating s. 121.0517, F.S.; creating the

  4         Qualifying Injured Special Risk Class in the

  5         system; declaring legislative intent; providing

  6         conditions of eligibility for membership in the

  7         class; providing consequences and benefits of

  8         membership; providing an effective date.

  9  

10  Be It Enacted by the Legislature of the State of Florida:

11  

12         Section 1.  Section 121.0517, Florida Statutes, is

13  created to read:

14         121.0517  Qualifying injured special risk membership.--

15         (1)  In creating the Qualifying Injured Special Risk

16  Class of membership within the Florida Retirement System, it

17  is the intent and purpose of the Legislature to recognize that

18  persons employed in positions in the categories of law

19  enforcement, firefighting, and criminal detention are required

20  as one of the essential functions of their positions to

21  perform work that is unusually dangerous and physically

22  demanding or arduous or work that requires extraordinary

23  agility. The Legislature further recognizes that these

24  persons, because their jobs expose them to such risk, may

25  suffer a disability in line of duty, as defined in s.

26  121.021(13). It is the intent that, if such disability in line

27  of duty is a "qualifying injury" as defined in subsection (4),

28  a special risk member may be reclassified as a "qualifying

29  injured special risk member." The intent of creating the

30  qualifying injured special risk class is to rectify situations

31  in which a special risk member is not receiving disability

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    Florida Senate - 2007                                  SB 2072
    14-780A-07




 1  retirement benefits but, due to a qualifying injury, will

 2  suffer a severe economic deprivation due to the loss of future

 3  benefit accruals at the special risk membership rate.

 4  Therefore, as a means of recognizing the peculiar and special

 5  risk to this class of employees, it is the intent and purpose

 6  of the Legislature to establish a class of retirement

 7  membership which continues to award retirement benefits at the

 8  special risk membership rate for those public servants

 9  identified in this section who sustain qualifying injuries in

10  the line of duty and to avoid penalizing them because of a

11  qualifying injury when the member is not receiving disability

12  retirement benefits. This section does not require that the

13  member be ineligible for qualifying injured special risk

14  membership or special risk membership upon reaching age 55.

15  However, a member becomes ineligible for membership in the

16  qualifying injured special risk class upon attaining his or

17  her normal retirement date.

18         (2)  To be eligible under this section for membership,

19  the member must have already qualified for and be actively

20  participating in the special risk class of membership under s.

21  121.0515 at the time of the qualifying injury and must not be

22  receiving disability retirement benefits under the disability

23  retirement provisions of s. 121.091(4).

24         (3)  The ability to qualify for this class of

25  membership occurs only when two licensed medical physicians,

26  one of whom must be a primary treating physician of the

27  employee, have certified the existence of the physical injury

28  and medical condition that constitutes a qualifying injury as

29  defined in subsection (4) and upon the employee reaching

30  maximum medical improvement after October 1, 2007. The

31  certifications must include, at a minimum, all the following:

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    Florida Senate - 2007                                  SB 2072
    14-780A-07




 1         (a)  That the injury to the special risk member has

 2  resulted in a physical loss or loss of use of one or more

 3  arms, legs, hands, or feet;

 4         (b)  That this physical loss or loss of use is total

 5  and permanent, except in the event of a physical injury to the

 6  special risk member's brain, in which event the loss of use

 7  is:

 8         1.  Permanent and total with respect to at least one

 9  hand or one foot; or

10         2.  Permanent with at least 75 percent loss of motor

11  function with respect to one arm or one leg;

12         (c)  That this physical loss or loss of use renders the

13  special risk member physically unable to perform the essential

14  job functions of his or her special risk position;

15         (d)  That, notwithstanding this physical loss or loss

16  of use, the individual is able to perform the essential job

17  functions required by his or her new position;

18         (e)  That the use of artificial limbs either is not

19  possible or does not change the special risk member's ability

20  to perform the essential job functions of his or her position;

21  and

22         (f)  That the physical loss or loss of use of one or

23  more arms, legs, hands, or feet is a direct result of a

24  physical injury and not of any mental, psychological, or

25  emotional injury.

26         (4)  For the purposes of this section, the term

27  "qualifying injury" means an injury in the line of duty, as

28  certified by the member's employing agency, to a special risk

29  member which does not result in total and permanent disability

30  as defined in s. 121.091(4)(b). An injury is not a qualifying

31  injury unless the injury is a physical injury to the special

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    Florida Senate - 2007                                  SB 2072
    14-780A-07




 1  risk member's physical body resulting in a physical loss or

 2  loss of use of one or more arms, legs, hands, or feet.

 3  Notwithstanding anything in this section to the contrary, an

 4  injury that would otherwise qualify as a qualifying injury

 5  shall not be treated as a qualifying injury or shall cease

 6  conforming to the definition of qualifying injury if and when

 7  the special risk member ceases employment with the employer

 8  for whom he or she was providing special risk services on the

 9  date the injury occurred.

10         (5)  This section does not grant or create additional

11  rights for any individual to continued employment, to be

12  hired, or to be rehired with his or her employer which are not

13  already provided within the Florida Statutes, the Florida

14  Constitution, the Americans with Disabilities Act, if

15  applicable, or any other applicable state or federal law.

16         Section 2.  This act shall take effect July 1, 2007.

17  

18            *****************************************

19                          SENATE SUMMARY

20    Creates the Qualifying Injured Special Risk Class in the
      State Retirement System to provide for continued
21    employment of special risk members who have sustained
      qualifying injuries but are neither receiving disability
22    retirement benefits nor able to continue performing the
      previous functions of their special risk employment but
23    are able to perform the functions of new jobs with that
      special risk employer.
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