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A bill to be entitled

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An act relating to retirement; providing a short title;

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providing legislative intent; providing a statement of

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important state interest; amending s. 121.091, F.S.;

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revising provisions relating to benefits payable for total

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and permanent disability for certain Special Risk Class

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members of the Florida Retirement System who are injured

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in the line of duty; deleting a provision authorizing an

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employing agency to reemploy a retired member as a

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firefighter or paramedic after a specified period;

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amending ss. 175.191 and 185.18, F.S.; providing minimum

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retirement benefits payable to certain Special Risk Class

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members who are injured in the line of duty and who are

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totally and permanently disabled due to such injury;

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providing for contribution rate increases to fund benefits

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provided in s. 121.091, F.S., as amended; directing the

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Division of Statutory Revision to adjust contribution

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rates set forth in s. 121.71, F.S.; providing an effective

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date.

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

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     Section 1. This act may be cited as the "Officer Malcolm

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Thompson Act."

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     Section 2. It is declared by the Legislature that

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firefighters, emergency medical technicians, paramedics, law

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enforcement officers, correctional officers, and correctional

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probation officers as defined in this act, sheriffs as defined in

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s. 30.072(5), Florida Statutes, deputy sheriffs as defined in s.

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30.072(2), Florida Statutes, and highway patrol officers under

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chapter 321, Florida Statutes, perform state and municipal

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functions; that it is their duty to protect life and property at

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their own risk and peril; that it is their duty to continuously

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instruct school personnel, public officials, and private citizens

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about safety; and that their activities are vital to the public

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safety. Therefore, the Legislature declares that it is a proper

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and legitimate state purpose to provide a uniform retirement

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system for the benefit of firefighters, emergency medical

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technicians, paramedics, law enforcement officers, correctional

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officers, and correctional probation officers as defined in this

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act, sheriffs as defined in s. 30.072(5), Florida Statutes,

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deputy sheriffs as defined in s. 30.072(2), Florida Statutes, and

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highway patrol officers under chapter 321, Florida Statutes, and

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intends, in implementing the provisions of s. 14, Art. X of the

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State Constitution as they relate to municipal and special

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district pension trust fund systems and plans, that such

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retirement systems or plans be managed, administered, operated,

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and funded in such manner as to maximize the protection of

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pension trust funds. Pursuant to s. 18, Art. VII of the State

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Constitution, the Legislature determines and declares that the

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provisions of this act fulfill an important state interest.

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     Section 3.  Paragraph (b) of subsection (4) and paragraph

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(b) of subsection (9) of section 121.091, Florida Statutes, are

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amended to read:

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     121.091  Benefits payable under the system.--Benefits may

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not be paid under this section unless the member has terminated

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employment as provided in s. 121.021(39)(a) or begun

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participation in the Deferred Retirement Option Program as

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provided in subsection (13), and a proper application has been

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filed in the manner prescribed by the department. The department

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may cancel an application for retirement benefits when the member

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or beneficiary fails to timely provide the information and

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documents required by this chapter and the department's rules.

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The department shall adopt rules establishing procedures for

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application for retirement benefits and for the cancellation of

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such application when the required information or documents are

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not received.

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     (4)  DISABILITY RETIREMENT BENEFIT.--

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     (b)  Total and permanent disability.--A member shall be

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considered totally and permanently disabled if, in the opinion of

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the administrator, he or she is prevented, by reason of a

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medically determinable physical or mental impairment, from

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rendering useful and efficient service as an officer or employee.

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A Special Risk Class member who is an officer as defined in s.

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943.10(1), (2), or (3); a firefighter as defined in s. 633.30(1);

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an emergency medical technician as defined in s. 401.23(11); or a

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paramedic as defined in s. 401.23(17) who is catastrophically

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injured as defined in s. 440.02(38), Florida Statutes 2002, in

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the line of duty as a result of a felonious act of another shall

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be considered totally and permanently disabled and unable to

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render useful and efficient service as an officer, unless the

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administrator can provide documented competent medical evidence

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that the officer is able to render useful and efficient service

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as an officer. For purposes of this section, the term "officer"

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includes police officers, correctional officers, correctional

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probation officers, sheriffs as defined in s. 30.072(5), deputy

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sheriffs as defined in s. 30.072(2), highway patrol officers

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under chapter 321, firefighters, emergency medical technicians,

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and paramedics.

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     (9)  EMPLOYMENT AFTER RETIREMENT; LIMITATION.--

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     (b)1.  Any person who is retired under this chapter, except

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under the disability retirement provisions of subsection (4), may

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be reemployed by any private or public employer after retirement

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and receive retirement benefits and compensation from his or her

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employer without any limitations, except that a person may not

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receive both a salary from reemployment with any agency

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participating in the Florida Retirement System and retirement

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benefits under this chapter for a period of 12 months immediately

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subsequent to the date of retirement. However, a DROP participant

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shall continue employment and receive a salary during the period

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of participation in the Deferred Retirement Option Program, as

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provided in subsection (13).

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     2.  Any person to whom the limitation in subparagraph 1.

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applies who violates such reemployment limitation and who is

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reemployed with any agency participating in the Florida

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Retirement System before completion of the 12-month limitation

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period shall give timely notice of this fact in writing to the

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employer and to the division and shall have his or her retirement

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benefits suspended for the balance of the 12-month limitation

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period. Any person employed in violation of this paragraph and

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any employing agency which knowingly employs or appoints such

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person without notifying the Division of Retirement to suspend

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retirement benefits shall be jointly and severally liable for

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reimbursement to the retirement trust fund of any benefits paid

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during the reemployment limitation period. To avoid liability,

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such employing agency shall have a written statement from the

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retiree that he or she is not retired from a state-administered

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retirement system. Any retirement benefits received while

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reemployed during this reemployment limitation period shall be

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repaid to the retirement trust fund, and retirement benefits

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shall remain suspended until such repayment has been made.

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Benefits suspended beyond the reemployment limitation shall apply

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toward repayment of benefits received in violation of the

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reemployment limitation.

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     3.  A district school board may reemploy a retired member as

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a substitute or hourly teacher, education paraprofessional,

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transportation assistant, bus driver, or food service worker on a

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noncontractual basis after he or she has been retired for 1

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calendar month, in accordance with s. 121.021(39). A district

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school board may reemploy a retired member as instructional

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personnel, as defined in s. 1012.01(2)(a), on an annual

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contractual basis after he or she has been retired for 1 calendar

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month, in accordance with s. 121.021(39). Any other retired

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member who is reemployed within 1 calendar month after retirement

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shall void his or her application for retirement benefits.

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District school boards reemploying such teachers, education

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paraprofessionals, transportation assistants, bus drivers, or

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food service workers are subject to the retirement contribution

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required by subparagraph 7.

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     4.  A community college board of trustees may reemploy a

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retired member as an adjunct instructor, that is, an instructor

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who is noncontractual and part-time, or as a participant in a

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phased retirement program within the Florida Community College

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System, after he or she has been retired for 1 calendar month, in

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accordance with s. 121.021(39). Any retired member who is

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reemployed within 1 calendar month after retirement shall void

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his or her application for retirement benefits. Boards of

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trustees reemploying such instructors are subject to the

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retirement contribution required in subparagraph 7. A retired

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member may be reemployed as an adjunct instructor for no more

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than 780 hours during the first 12 months of retirement. Any

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retired member reemployed for more than 780 hours during the

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first 12 months of retirement shall give timely notice in writing

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to the employer and to the division of the date he or she will

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exceed the limitation. The division shall suspend his or her

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retirement benefits for the remainder of the first 12 months of

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retirement. Any person employed in violation of this subparagraph

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and any employing agency which knowingly employs or appoints such

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person without notifying the Division of Retirement to suspend

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retirement benefits shall be jointly and severally liable for

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reimbursement to the retirement trust fund of any benefits paid

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during the reemployment limitation period. To avoid liability,

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such employing agency shall have a written statement from the

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retiree that he or she is not retired from a state-administered

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retirement system. Any retirement benefits received by a retired

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member while reemployed in excess of 780 hours during the first

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12 months of retirement shall be repaid to the Retirement System

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Trust Fund, and retirement benefits shall remain suspended until

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repayment is made. Benefits suspended beyond the end of the

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retired member's first 12 months of retirement shall apply toward

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repayment of benefits received in violation of the 780-hour

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reemployment limitation.

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     5.  The State University System may reemploy a retired

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member as an adjunct faculty member or as a participant in a

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phased retirement program within the State University System

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after the retired member has been retired for 1 calendar month,

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in accordance with s. 121.021(39). Any retired member who is

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reemployed within 1 calendar month after retirement shall void

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his or her application for retirement benefits. The State

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University System is subject to the retired contribution required

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in subparagraph 7., as appropriate. A retired member may be

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reemployed as an adjunct faculty member or a participant in a

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phased retirement program for no more than 780 hours during the

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first 12 months of his or her retirement. Any retired member

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reemployed for more than 780 hours during the first 12 months of

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retirement shall give timely notice in writing to the employer

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and to the division of the date he or she will exceed the

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limitation. The division shall suspend his or her retirement

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benefits for the remainder of the first 12 months of retirement.

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Any person employed in violation of this subparagraph and any

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employing agency which knowingly employs or appoints such person

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without notifying the Division of Retirement to suspend

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retirement benefits shall be jointly and severally liable for

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reimbursement to the retirement trust fund of any benefits paid

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during the reemployment limitation period. To avoid liability,

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such employing agency shall have a written statement from the

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retiree that he or she is not retired from a state-administered

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retirement system. Any retirement benefits received by a retired

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member while reemployed in excess of 780 hours during the first

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12 months of retirement shall be repaid to the Retirement System

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Trust Fund, and retirement benefits shall remain suspended until

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repayment is made. Benefits suspended beyond the end of the

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retired member's first 12 months of retirement shall apply toward

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repayment of benefits received in violation of the 780-hour

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reemployment limitation.

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     6.  The Board of Trustees of the Florida School for the Deaf

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and the Blind may reemploy a retired member as a substitute

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teacher, substitute residential instructor, or substitute nurse

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on a noncontractual basis after he or she has been retired for 1

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calendar month, in accordance with s. 121.021(39). Any retired

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member who is reemployed within 1 calendar month after retirement

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shall void his or her application for retirement benefits. The

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Board of Trustees of the Florida School for the Deaf and the

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Blind reemploying such teachers, residential instructors, or

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nurses is subject to the retirement contribution required by

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subparagraph 7. Reemployment of a retired member as a substitute

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teacher, substitute residential instructor, or substitute nurse

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is limited to 780 hours during the first 12 months of his or her

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retirement. Any retired member reemployed for more than 780 hours

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during the first 12 months of retirement shall give timely notice

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in writing to the employer and to the division of the date he or

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she will exceed the limitation. The division shall suspend his or

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her retirement benefits for the remainder of the first 12 months

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of retirement. Any person employed in violation of this

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subparagraph and any employing agency which knowingly employs or

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appoints such person without notifying the Division of Retirement

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to suspend retirement benefits shall be jointly and severally

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liable for reimbursement to the retirement trust fund of any

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benefits paid during the reemployment limitation period. To avoid

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liability, such employing agency shall have a written statement

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from the retiree that he or she is not retired from a state-

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administered retirement system. Any retirement benefits received

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by a retired member while reemployed in excess of 780 hours

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during the first 12 months of retirement shall be repaid to the

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Retirement System Trust Fund, and his or her retirement benefits

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shall remain suspended until payment is made. Benefits suspended

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beyond the end of the retired member's first 12 months of

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retirement shall apply toward repayment of benefits received in

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violation of the 780-hour reemployment limitation.

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     7.  The employment by an employer of any retiree or DROP

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participant of any state-administered retirement system shall

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have no effect on the average final compensation or years of

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creditable service of the retiree or DROP participant. Prior to

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July 1, 1991, upon employment of any person, other than an

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elected officer as provided in s. 121.053, who has been retired

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under any state-administered retirement program, the employer

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shall pay retirement contributions in an amount equal to the

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unfunded actuarial liability portion of the employer contribution

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which would be required for regular members of the Florida

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Retirement System. Effective July 1, 1991, contributions shall be

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made as provided in s. 121.122 for retirees with renewed

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membership or subsection (13) with respect to DROP participants.

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     8.  Any person who has previously retired and who is holding

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an elective public office or an appointment to an elective public

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office eligible for the Elected Officers' Class on or after July

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1, 1990, shall be enrolled in the Florida Retirement System as

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provided in s. 121.053(1)(b) or, if holding an elective public

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office that does not qualify for the Elected Officers' Class on

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or after July 1, 1991, shall be enrolled in the Florida

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Retirement System as provided in s. 121.122, and shall continue

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to receive retirement benefits as well as compensation for the

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elected officer's service for as long as he or she remains in

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elective office. However, any retired member who served in an

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elective office prior to July 1, 1990, suspended his or her

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retirement benefit, and had his or her Florida Retirement System

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membership reinstated shall, upon retirement from such office,

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have his or her retirement benefit recalculated to include the

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additional service and compensation earned.

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     9.  Any person who is holding an elective public office

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which is covered by the Florida Retirement System and who is

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concurrently employed in nonelected covered employment may elect

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to retire while continuing employment in the elective public

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office, provided that he or she shall be required to terminate

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his or her nonelected covered employment. Any person who

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exercises this election shall receive his or her retirement

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benefits in addition to the compensation of the elective office

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without regard to the time limitations otherwise provided in this

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subsection. No person who seeks to exercise the provisions of

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this subparagraph, as the same existed prior to May 3, 1984,

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shall be deemed to be retired under those provisions, unless such

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person is eligible to retire under the provisions of this

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subparagraph, as amended by chapter 84-11, Laws of Florida.

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     10.  The limitations of this paragraph apply to reemployment

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in any capacity with an "employer" as defined in s. 121.021(10),

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irrespective of the category of funds from which the person is

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compensated.

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     11. An employing agency may reemploy a retired member as a

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firefighter or paramedic after the retired member has been

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retired for 1 calendar month, in accordance with s. 121.021(39).

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Any retired member who is reemployed within 1 calendar month

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after retirement shall void his or her application for retirement

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benefits. The employing agency reemploying such firefighter or

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paramedic is subject to the retired contribution required in

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subparagraph 8. Reemployment of a retired firefighter or

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paramedic is limited to no more than 780 hours during the first

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12 months of his or her retirement. Any retired member reemployed

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for more than 780 hours during the first 12 months of retirement

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shall give timely notice in writing to the employer and to the

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division of the date he or she will exceed the limitation. The

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division shall suspend his or her retirement benefits for the

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remainder of the first 12 months of retirement. Any person

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employed in violation of this subparagraph and any employing

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agency which knowingly employs or appoints such person without

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notifying the Division of Retirement to suspend retirement

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benefits shall be jointly and severally liable for reimbursement

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to the Retirement System Trust Fund of any benefits paid during

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the reemployment limitation period. To avoid liability, such

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employing agency shall have a written statement from the retiree

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that he or she is not retired from a state-administered

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retirement system. Any retirement benefits received by a retired

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member while reemployed in excess of 780 hours during the first

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12 months of retirement shall be repaid to the Retirement System

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Trust Fund, and retirement benefits shall remain suspended until

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repayment is made. Benefits suspended beyond the end of the

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retired member's first 12 months of retirement shall apply toward

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repayment of benefits received in violation of the 780-hour

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reemployment limitation.

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     Section 4.  Subsection (5) of section 175.191, Florida

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Statutes, is amended to read:

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     175.191  Disability retirement.--For any municipality,

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special fire control district, chapter plan, local law

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municipality, local law special fire control district, or local

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law plan under this chapter:

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     (5)  The benefit payable to a firefighter who retires from

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the service of a municipality or special fire control district

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due to total and permanent disability as a direct result of a

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disability is the monthly income payable for 10 years certain and

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life for which, if the firefighter's disability occurred in the

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line of duty, his or her monthly benefit shall be the accrued

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retirement benefit, but shall not be less than 42 percent of his

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or her average monthly salary at the time of disability. If after

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10 years of service the disability is other than in the line of

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duty, the firefighter's monthly benefit shall be the accrued

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normal retirement benefit, but shall not be less than 25 percent

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of his or her average monthly salary at the time of disability.

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Notwithstanding any provision to the contrary, the monthly

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retirement benefit payable to a firefighter, emergency medical

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technician, or paramedic who retires from service due to total

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and permanent disability as a result of a catastrophic injury as

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defined in s. 440.02(38), Florida Statutes 2002, suffered in the

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line of duty where such injury is a result of a felonious act of

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another shall be the accrued retirement benefit but shall not be

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less than 80 percent of his or her average monthly salary at the

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time of disability.

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     Section 5.  Subsection (5) of section 185.18, Florida

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Statutes, is amended to read:

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     185.18  Disability retirement.--For any municipality,

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chapter plan, local law municipality, or local law plan under

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this chapter:

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     (5)  The benefit payable to a police officer who retires

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from the service of the city with a total and permanent

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disability as a result of a disability is the monthly income

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payable for 10 years certain and life for which, if the police

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officer's disability occurred in the line of duty, his or her

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monthly benefit shall be the accrued retirement benefit, but

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shall not be less than 42 percent of his or her average monthly

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compensation as of the police officer's disability retirement

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date. If after 10 years of service the disability is other than

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in the line of duty, the police officer's monthly benefit shall

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be the accrued normal retirement benefit, but shall not be less

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than 25 percent of his or her average monthly compensation as of

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the police officer's disability retirement date. Notwithstanding

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any provision to the contrary, the monthly retirement benefit

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payable to a police officer who retires from service due to total

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and permanent disability as a result of a catastrophic injury as

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defined in s. 440.02(38), Florida Statutes 2002, suffered in the

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line of duty where such injury is a result of a felonious act of

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another shall be the accrued retirement benefit but shall not be

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less than 80 percent of the officer's average monthly

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compensation as of the officer's disability retirement date.

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     Section 6. Effective July 1, 2008, in order to fund the

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benefits provided in s. 121.091, Florida Statutes, as amended by

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this act, the contribution rate that applies to the Special Risk

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Class of the defined benefit program of the Florida Retirement

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System shall be increased by 0.02 percentage points. This

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increase shall be in addition to all other changes to such

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contribution rates which may be enacted into law to take effect

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on that date. The Division of Statutory Revision is directed to

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adjust accordingly the contribution rates set forth in s. 121.71,

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Florida Statutes.

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     Section 7.  This act shall take effect July 1, 2008.