HB 257

1	A bill to be entitled
2	An act relating to retirement; providing a short title;
3	providing legislative intent; providing a statement of
4	important state interest; amending s. 121.091, F.S.;
5	revising provisions relating to benefits payable for total
6	and permanent disability for certain Special Risk Class
7	members of the Florida Retirement System who are injured
8	in the line of duty; deleting a provision authorizing an
9	employing agency to reemploy a retired member as a
10	firefighter or paramedic after a specified period;
11	amending ss. 175.191 and 185.18, F.S.; providing minimum
12	retirement benefits payable to certain Special Risk Class
13	members who are injured in the line of duty and who are
14	totally and permanently disabled due to such injury;
15	providing for contribution rate increases to fund benefits
16	provided in s. 121.091, F.S., as amended; directing the
17	Division of Statutory Revision to adjust contribution
18	rates set forth in s. 121.71, F.S.; providing an effective
19	date.
20
21	Be It Enacted by the Legislature of the State of Florida:
22
23	Section 1.  This act may be cited as the "Officer Malcolm
24	Thompson Act."
25	Section 2.  It is declared by the Legislature that
26	firefighters, emergency medical technicians, paramedics, law
27	enforcement officers, correctional officers, and correctional
28	probation officers as defined in this act, sheriffs as defined
29	in s. 30.072(5), Florida Statutes, deputy sheriffs as defined in
30	s. 30.072(2), Florida Statutes, and highway patrol officers
31	under chapter 321, Florida Statutes, perform state and municipal
32	functions; that it is their duty to protect life and property at
33	their own risk and peril; that it is their duty to continuously
34	instruct school personnel, public officials, and private
35	citizens about safety; and that their activities are vital to
36	the public safety. Therefore, the Legislature declares that it
37	is a proper and legitimate state purpose to provide a uniform
38	retirement system for the benefit of firefighters, emergency
39	medical technicians, paramedics, law enforcement officers,
40	correctional officers, and correctional probation officers as
41	defined in this act, sheriffs as defined in s. 30.072(5),
42	Florida Statutes, deputy sheriffs as defined in s. 30.072(2),
43	Florida Statutes, and highway patrol officers under chapter 321,
44	Florida Statutes, and intends, in implementing the provisions of
45	s. 14, Art. X of the State Constitution as they relate to
46	municipal and special district pension trust fund systems and
47	plans, that such retirement systems or plans be managed,
48	administered, operated, and funded in such manner as to maximize
49	the protection of pension trust funds. Pursuant to s. 18, Art.
50	VII of the State Constitution, the Legislature hereby determines
51	and declares that the provisions of this act fulfill an
52	important state interest.
53	Section 3.  Paragraph (b) of subsection (4) and paragraph
54	(b) of subsection (9) of section 121.091, Florida Statutes, are
55	amended to read:
56	121.091  Benefits payable under the system.--Benefits may
57	not be paid under this section unless the member has terminated
58	employment as provided in s. 121.021(39)(a) or begun
59	participation in the Deferred Retirement Option Program as
60	provided in subsection (13), and a proper application has been
61	filed in the manner prescribed by the department. The department
62	may cancel an application for retirement benefits when the
63	member or beneficiary fails to timely provide the information
64	and documents required by this chapter and the department's
65	rules. The department shall adopt rules establishing procedures
66	for application for retirement benefits and for the cancellation
67	of such application when the required information or documents
68	are not received.
69	(4)  DISABILITY RETIREMENT BENEFIT.--
70	(b)  Total and permanent disability.--A member shall be
71	considered totally and permanently disabled if, in the opinion
72	of the administrator, he or she is prevented, by reason of a
73	medically determinable physical or mental impairment, from
74	rendering useful and efficient service as an officer or
75	employee. A Special Risk Class member who is an officer as
76	defined in s. 943.10(1), (2), or (3); a firefighter as defined
77	in s. 633.30(1); an emergency medical technician as defined in
78	s. 401.23(11); or a paramedic as defined in s. 401.23(17) who is
79	catastrophically injured as defined in s. 440.02(38), Florida
80	Statutes 2002, in the line of duty as a result of a felonious
81	act of another shall be considered totally and permanently
82	disabled and unable to render useful and efficient service as an
83	officer, unless the administrator can provide documented
84	competent medical evidence that the officer is able to render
85	useful and efficient service as an officer. For purposes of this
86	section, the term "officer" includes police officers,
87	correctional officers, correctional probation officers, sheriffs
88	as defined in s. 30.072(5), deputy sheriffs as defined in s.
89	30.072(2), highway patrol officers under chapter 321,
90	firefighters, emergency medical technicians, and paramedics.
91	(9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--
92	(b)1.  Any person who is retired under this chapter, except
93	under the disability retirement provisions of subsection (4),
94	may be reemployed by any private or public employer after
95	retirement and receive retirement benefits and compensation from
96	his or her employer without any limitations, except that a
97	person may not receive both a salary from reemployment with any
98	agency participating in the Florida Retirement System and
99	retirement benefits under this chapter for a period of 12 months
100	immediately subsequent to the date of retirement. However, a
101	DROP participant shall continue employment and receive a salary
102	during the period of participation in the Deferred Retirement
103	Option Program, as provided in subsection (13).
104	2.  Any person to whom the limitation in subparagraph 1.
105	applies who violates such reemployment limitation and who is
106	reemployed with any agency participating in the Florida
107	Retirement System before completion of the 12-month limitation
108	period shall give timely notice of this fact in writing to the
109	employer and to the division and shall have his or her
110	retirement benefits suspended for the balance of the 12-month
111	limitation period. Any person employed in violation of this
112	paragraph and any employing agency which knowingly employs or
113	appoints such person without notifying the Division of
114	Retirement to suspend retirement benefits shall be jointly and
115	severally liable for reimbursement to the retirement trust fund
116	of any benefits paid during the reemployment limitation period.
117	To avoid liability, such employing agency shall have a written
118	statement from the retiree that he or she is not retired from a
119	state-administered retirement system. Any retirement benefits
120	received while reemployed during this reemployment limitation
121	period shall be repaid to the retirement trust fund, and
122	retirement benefits shall remain suspended until such repayment
123	has been made. Benefits suspended beyond the reemployment
124	limitation shall apply toward repayment of benefits received in
125	violation of the reemployment limitation.
126	3.  A district school board may reemploy a retired member
127	as a substitute or hourly teacher, education paraprofessional,
128	transportation assistant, bus driver, or food service worker on
129	a noncontractual basis after he or she has been retired for 1
130	calendar month, in accordance with s. 121.021(39). A district
131	school board may reemploy a retired member as instructional
132	personnel, as defined in s. 1012.01(2)(a), on an annual
133	contractual basis after he or she has been retired for 1
134	calendar month, in accordance with s. 121.021(39). Any other
135	retired member who is reemployed within 1 calendar month after
136	retirement shall void his or her application for retirement
137	benefits. District school boards reemploying such teachers,
138	education paraprofessionals, transportation assistants, bus
139	drivers, or food service workers are subject to the retirement
140	contribution required by subparagraph 7.
141	4.  A community college board of trustees may reemploy a
142	retired member as an adjunct instructor, that is, an instructor
143	who is noncontractual and part-time, or as a participant in a
144	phased retirement program within the Florida Community College
145	System, after he or she has been retired for 1 calendar month,
146	in accordance with s. 121.021(39). Any retired member who is
147	reemployed within 1 calendar month after retirement shall void
148	his or her application for retirement benefits. Boards of
149	trustees reemploying such instructors are subject to the
150	retirement contribution required in subparagraph 7. A retired
151	member may be reemployed as an adjunct instructor for no more
152	than 780 hours during the first 12 months of retirement. Any
153	retired member reemployed for more than 780 hours during the
154	first 12 months of retirement shall give timely notice in
155	writing to the employer and to the division of the date he or
156	she will exceed the limitation. The division shall suspend his
157	or her retirement benefits for the remainder of the first 12
158	months of retirement. Any person employed in violation of this
159	subparagraph and any employing agency which knowingly employs or
160	appoints such person without notifying the Division of
161	Retirement to suspend retirement benefits shall be jointly and
162	severally liable for reimbursement to the retirement trust fund
163	of any benefits paid during the reemployment limitation period.
164	To avoid liability, such employing agency shall have a written
165	statement from the retiree that he or she is not retired from a
166	state-administered retirement system. Any retirement benefits
167	received by a retired member while reemployed in excess of 780
168	hours during the first 12 months of retirement shall be repaid
169	to the Retirement System Trust Fund, and retirement benefits
170	shall remain suspended until repayment is made. Benefits
171	suspended beyond the end of the retired member's first 12 months
172	of retirement shall apply toward repayment of benefits received
173	in violation of the 780-hour reemployment limitation.
174	5.  The State University System may reemploy a retired
175	member as an adjunct faculty member or as a participant in a
176	phased retirement program within the State University System
177	after the retired member has been retired for 1 calendar month,
178	in accordance with s. 121.021(39). Any retired member who is
179	reemployed within 1 calendar month after retirement shall void
180	his or her application for retirement benefits. The State
181	University System is subject to the retired contribution
182	required in subparagraph 7., as appropriate. A retired member
183	may be reemployed as an adjunct faculty member or a participant
184	in a phased retirement program for no more than 780 hours during
185	the first 12 months of his or her retirement. Any retired member
186	reemployed for more than 780 hours during the first 12 months of
187	retirement shall give timely notice in writing to the employer
188	and to the division of the date he or she will exceed the
189	limitation. The division shall suspend his or her retirement
190	benefits for the remainder of the first 12 months of retirement.
191	Any person employed in violation of this subparagraph and any
192	employing agency which knowingly employs or appoints such person
193	without notifying the Division of Retirement to suspend
194	retirement benefits shall be jointly and severally liable for
195	reimbursement to the retirement trust fund of any benefits paid
196	during the reemployment limitation period. To avoid liability,
197	such employing agency shall have a written statement from the
198	retiree that he or she is not retired from a state-administered
199	retirement system. Any retirement benefits received by a retired
200	member while reemployed in excess of 780 hours during the first
201	12 months of retirement shall be repaid to the Retirement System
202	Trust Fund, and retirement benefits shall remain suspended until
203	repayment is made. Benefits suspended beyond the end of the
204	retired member's first 12 months of retirement shall apply
205	toward repayment of benefits received in violation of the 780-
206	hour reemployment limitation.
207	6.  The Board of Trustees of the Florida School for the
208	Deaf and the Blind may reemploy a retired member as a substitute
209	teacher, substitute residential instructor, or substitute nurse
210	on a noncontractual basis after he or she has been retired for 1
211	calendar month, in accordance with s. 121.021(39). Any retired
212	member who is reemployed within 1 calendar month after
213	retirement shall void his or her application for retirement
214	benefits. The Board of Trustees of the Florida School for the
215	Deaf and the Blind reemploying such teachers, residential
216	instructors, or nurses is subject to the retirement contribution
217	required by subparagraph 7. Reemployment of a retired member as
218	a substitute teacher, substitute residential instructor, or
219	substitute nurse is limited to 780 hours during the first 12
220	months of his or her retirement. Any retired member reemployed
221	for more than 780 hours during the first 12 months of retirement
222	shall give timely notice in writing to the employer and to the
223	division of the date he or she will exceed the limitation. The
224	division shall suspend his or her retirement benefits for the
225	remainder of the first 12 months of retirement. Any person
226	employed in violation of this subparagraph and any employing
227	agency which knowingly employs or appoints such person without
228	notifying the Division of Retirement to suspend retirement
229	benefits shall be jointly and severally liable for reimbursement
230	to the retirement trust fund of any benefits paid during the
231	reemployment limitation period. To avoid liability, such
232	employing agency shall have a written statement from the retiree
233	that he or she is not retired from a state-administered
234	retirement system. Any retirement benefits received by a retired
235	member while reemployed in excess of 780 hours during the first
236	12 months of retirement shall be repaid to the Retirement System
237	Trust Fund, and his or her retirement benefits shall remain
238	suspended until payment is made. Benefits suspended beyond the
239	end of the retired member's first 12 months of retirement shall
240	apply toward repayment of benefits received in violation of the
241	780-hour reemployment limitation.
242	7.  The employment by an employer of any retiree or DROP
243	participant of any state-administered retirement system shall
244	have no effect on the average final compensation or years of
245	creditable service of the retiree or DROP participant. Prior to
246	July 1, 1991, upon employment of any person, other than an
247	elected officer as provided in s. 121.053, who has been retired
248	under any state-administered retirement program, the employer
249	shall pay retirement contributions in an amount equal to the
250	unfunded actuarial liability portion of the employer
251	contribution which would be required for regular members of the
252	Florida Retirement System. Effective July 1, 1991, contributions
253	shall be made as provided in s. 121.122 for retirees with
254	renewed membership or subsection (13) with respect to DROP
255	participants.
256	8.  Any person who has previously retired and who is
257	holding an elective public office or an appointment to an
258	elective public office eligible for the Elected Officers' Class
259	on or after July 1, 1990, shall be enrolled in the Florida
260	Retirement System as provided in s. 121.053(1)(b) or, if holding
261	an elective public office that does not qualify for the Elected
262	Officers' Class on or after July 1, 1991, shall be enrolled in
263	the Florida Retirement System as provided in s. 121.122, and
264	shall continue to receive retirement benefits as well as
265	compensation for the elected officer's service for as long as he
266	or she remains in elective office. However, any retired member
267	who served in an elective office prior to July 1, 1990,
268	suspended his or her retirement benefit, and had his or her
269	Florida Retirement System membership reinstated shall, upon
270	retirement from such office, have his or her retirement benefit
271	recalculated to include the additional service and compensation
272	earned.
273	9.  Any person who is holding an elective public office
274	which is covered by the Florida Retirement System and who is
275	concurrently employed in nonelected covered employment may elect
276	to retire while continuing employment in the elective public
277	office, provided that he or she shall be required to terminate
278	his or her nonelected covered employment. Any person who
279	exercises this election shall receive his or her retirement
280	benefits in addition to the compensation of the elective office
281	without regard to the time limitations otherwise provided in
282	this subsection. No person who seeks to exercise the provisions
283	of this subparagraph, as the same existed prior to May 3, 1984,
284	shall be deemed to be retired under those provisions, unless
285	such person is eligible to retire under the provisions of this
286	subparagraph, as amended by chapter 84-11, Laws of Florida.
287	10.  The limitations of this paragraph apply to
288	reemployment in any capacity with an "employer" as defined in s.
289	121.021(10), irrespective of the category of funds from which
290	the person is compensated.
291	11.  An employing agency may reemploy a retired member as a
292	firefighter or paramedic after the retired member has been
293	retired for 1 calendar month, in accordance with s. 121.021(39).
294	Any retired member who is reemployed within 1 calendar month
295	after retirement shall void his or her application for
296	retirement benefits. The employing agency reemploying such
297	firefighter or paramedic is subject to the retired contribution
298	required in subparagraph 8. Reemployment of a retired
299	firefighter or paramedic is limited to no more than 780 hours
300	during the first 12 months of his or her retirement. Any retired
301	member reemployed for more than 780 hours during the first 12
302	months of retirement shall give timely notice in writing to the
303	employer and to the division of the date he or she will exceed
304	the limitation. The division shall suspend his or her retirement
305	benefits for the remainder of the first 12 months of retirement.
306	Any person employed in violation of this subparagraph and any
307	employing agency which knowingly employs or appoints such person
308	without notifying the Division of Retirement to suspend
309	retirement benefits shall be jointly and severally liable for
310	reimbursement to the Retirement System Trust Fund of any
311	benefits paid during the reemployment limitation period. To
312	avoid liability, such employing agency shall have a written
313	statement from the retiree that he or she is not retired from a
314	state-administered retirement system. Any retirement benefits
315	received by a retired member while reemployed in excess of 780
316	hours during the first 12 months of retirement shall be repaid
317	to the Retirement System Trust Fund, and retirement benefits
318	shall remain suspended until repayment is made. Benefits
319	suspended beyond the end of the retired member's first 12 months
320	of retirement shall apply toward repayment of benefits received
321	in violation of the 780-hour reemployment limitation.
322	Section 4.  Subsection (5) of section 175.191, Florida
323	Statutes, is amended to read:
324	175.191  Disability retirement.--For any municipality,
325	special fire control district, chapter plan, local law
326	municipality, local law special fire control district, or local
327	law plan under this chapter:
328	(5)  The benefit payable to a firefighter who retires from
329	the service of a municipality or special fire control district
330	due to total and permanent disability as a direct result of a
331	disability is the monthly income payable for 10 years certain
332	and life for which, if the firefighter's disability occurred in
333	the line of duty, his or her monthly benefit shall be the
334	accrued retirement benefit, but shall not be less than 42
335	percent of his or her average monthly salary at the time of
336	disability. If after 10 years of service the disability is other
337	than in the line of duty, the firefighter's monthly benefit
338	shall be the accrued normal retirement benefit, but shall not be
339	less than 25 percent of his or her average monthly salary at the
340	time of disability. Notwithstanding any provision to the
341	contrary, the monthly retirement benefit payable to a
342	firefighter, emergency medical technician, or paramedic who
343	retires from service due to total and permanent disability as a
344	result of a catastrophic injury as defined in s. 440.02(38),
345	Florida Statutes 2002, suffered in the line of duty where such
346	injury is a result of a felonious act of another shall be the
347	accrued retirement benefit but shall not be less than 80 percent
348	of his or her average monthly salary at the time of disability.
349	Section 5.  Subsection (5) of section 185.18, Florida
350	Statutes, is amended to read:
351	185.18  Disability retirement.--For any municipality,
352	chapter plan, local law municipality, or local law plan under
353	this chapter:
354	(5)  The benefit payable to a police officer who retires
355	from the service of the city with a total and permanent
356	disability as a result of a disability is the monthly income
357	payable for 10 years certain and life for which, if the police
358	officer's disability occurred in the line of duty, his or her
359	monthly benefit shall be the accrued retirement benefit, but
360	shall not be less than 42 percent of his or her average monthly
361	compensation as of the police officer's disability retirement
362	date. If after 10 years of service the disability is other than
363	in the line of duty, the police officer's monthly benefit shall
364	be the accrued normal retirement benefit, but shall not be less
365	than 25 percent of his or her average monthly compensation as of
366	the police officer's disability retirement date. Notwithstanding
367	any provision to the contrary, the monthly retirement benefit
368	payable to a police officer who retires from service due to
369	total and permanent disability as a result of a catastrophic
370	injury as defined in s. 440.02(38), Florida Statutes 2002,
371	suffered in the line of duty where such injury is a result of a
372	felonious act of another shall be the accrued retirement benefit
373	but shall not be less than 80 percent of the officer's average
374	monthly compensation as of the officer's disability retirement
375	date.
376	Section 6.  Effective July 1, 2007, in order to fund the
377	benefits provided in s. 121.091, Florida Statutes, as amended by
378	this act, the contribution rate that applies to the Special Risk
379	Class of the defined benefit program of the Florida Retirement
380	System shall be increased by 0.02 percentage points. This
381	increase shall be in addition to all other changes to such
382	contribution rates which may be enacted into law to take effect
383	on that date. The Division of Statutory Revision is directed to
384	adjust accordingly the contribution rates set forth in s.
385	121.71, Florida Statutes.
386	Section 7.  This act shall take effect July 1, 2007.

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