HB 1031

1
A bill to be entitled
2An act relating to Lee County; amending chapter 74-522,
3Laws of Florida, as amended; revising the qualifications
4for employment or reemployment as a classified employee of
5the Lee County Sheriff's Office; providing definitions;
6revising and providing provisions relating to the funding
7of civil service board and retirement health insurance
8benefits; providing membership qualifications for
9participation in the Lee County Sheriff's Office group
10health insurance plan; specifying payment and premium
11provisions of the plan; specifying to whom benefits may be
12payable; providing participation requirements for certain
13terminated employees prior to their receiving a retirement
14benefit; requiring the office to be a secondary payor to
15certain coverage held from previous or subsequent
16employers; providing schedule requirements for employer
17premiums; providing the effect of Medicare eligibility;
18providing for methods of premium payments; providing a
19limitation on the selection of continued insurance
20benefits; providing the effect in instances of the death
21of an insured retiree; providing applicability to all
22classified and unclassified members of the office;
23providing an effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Subsection (6) of section 9 and section 15 of
28chapter 74-522, Laws of Florida, as amended by chapter 2007-320,
29Laws of Florida, are amended to read:
30     Section 9.  Qualifications for employment.--The minimum
31standards and qualifications for employment or reemployment as a
32classified employee of the office of the Sheriff of Lee County,
33shall be as follows:
34     (6)  All applicants having military service must submit a
35DD 214 indicating that they have received no less than an their
36military service and discharge were under honorable discharge
37from any of the Armed Forces of the United States. Applicants
38honorably conditions. Persons discharged from military service
39for medical conditions or reasons must be able to perform all
40functions and essential tasks of the position for which they
41have applied are applying.
42     Section 15.  Funding of civil service board and retirement
43health insurance benefits.--
44     (1)  Funding; board operations.--It shall be and is hereby
45made the duty of the Sheriff of Lee County to provide annually
46in his or her budget, a sufficient sum of money to enable the
47board to properly carry out the purpose purposes of this act.
48     (2)  Continued group insurance benefits and funding of
49retirement insurance.--Pursuant to section 112.0801, Florida
50Statutes, the Sheriff of Lee County is required to offer all
51retirees the option of continuing to participate in the agency's
52group health and hospitalization insurance plan. The premium for
53such continued insurance may be paid by the retiree or the
54employer.
55     (3)  Definitions.--As used in this section, the term:
56     (a)  "Eligible employee" means a classified or unclassified
57full-time member of the Lee County Sheriff's Office who fills a
58regularly budgeted position, participates in the Florida
59Retirement System, and meets the requirements of this section.
60     (b)  "Employee premium" means the amount or portion of the
61health and hospitalization insurance premium payable by the
62employee or retiree expressed as a monthly dollar amount.
63     (c)  "Employer premium" means the amount or portion of the
64health and hospitalization premium payable by the Lee County
65Sheriff's Office expressed as a monthly dollar amount.
66     (d)  "Florida Retirement System" means the state-
67administered retirement system established for state and local
68government employees as defined in chapter 121, Florida
69Statutes.
70     (e)  "Health insurance subsidy" means a monthly payment
71made to a retired Florida Retirement System member to assist in
72paying costs of health insurance as provided in section 112.363,
73Florida Statutes.
74     (f)  "Lee County Sheriff's Office retirement health and
75hospitalization insurance plan" means the same health and
76hospitalization insurance plan and premium rates as are
77established for and offered to active members of the agency.
78     (g)  "Premium" means the amount charged by the plan to
79provide individual or family health and hospitalization
80insurance coverage to active and retired members of the Lee
81County Sheriff's Office and their qualified dependents expressed
82as a monthly dollar amount. Premiums for retirees and qualified
83dependents shall not exceed premiums for active employees.
84     (h)  "Qualified dependent" means the spouse or dependent
85child of a retiree who is entitled to continuing group health
86and hospitalization insurance benefits pursuant to section
87112.0801, Florida Statutes, and the provisions of this section.
88     (i)  "Retirement" means the act of terminating employment
89and becoming a retiree as defined in section 121.021(60) or
90section 121.4501(2)(j), Florida Statutes, and receiving a
91benefit from the Florida Retirement System.
92     (j)  "Vested" or "vesting" means the guarantee that a
93member is eligible to receive a future retirement benefit as
94provided in section 121.021(45), Florida Statutes.
95     (4)  Group health insurance; participation by retired
96employees with fewer than 15 years of service.--All persons who
97are retirees, as defined in section 121.021(60) or section
98121.4501(2)(j), Florida Statutes, from the Florida Retirement
99System and who terminate from the Lee County Sheriff's Office
100have the option, pursuant to section 112.0801, Florida Statutes,
101to continue to participate in the Lee County Sheriff's Office
102group health insurance plan. Retirees and qualified dependents
103shall be offered the same health and hospitalization insurance
104coverage as active employees at a cost of no more than the
105premium applicable to active employees. Participation in this
106plan is voluntary and all premiums for retirees and qualified
107dependents of retirees that have less than 15 years of service
108with the Lee County Sheriff's Office are employee premiums
109payable by the retiree or dependent. Retirees may also purchase,
110at their own expense, individual or family group dental
111insurance or vision insurance, or both, through the agency's
112group policies. Premiums may be adjusted annually based on
113actual qualified group costs to the Lee County Sheriff's Office.
114     (5)  Retirement health insurance benefits for employees
115with 15 or more years of service; employer premium
116payments.--Effective October 1, 1986, and thereafter, it is the
117duty of the Sheriff of Lee County to provide annually in his or
118her budget a sufficient sum of money to pay a portion percentage
119of the cost of the health and hospitalization insurance premiums
120for employees of members of the Lee County Sheriff's Office who
121retire from active service after having accumulated at least 15
122or more years of full-time, active creditable service with the
123office under the Florida Retirement System. Employer premiums
124The health insurance costs payable under this provision are
125limited to pursuant to this section include premiums for major
126medical and hospitalization insurance, and but do not include
127premiums for dental or vision insurance. Retirees may purchase,
128at their expense, individual or family group dental insurance or
129vision insurance, or both.
130     (6)  Benefits payable under subsection (5).--Benefits
131payable under subsection (5) are only available to employees who
132retire from the Florida Retirement System and terminate
133employment after 15 or more years of service with the Lee County
134Sheriff's Office. A member of the Florida Retirement System
135employed prior to October 1, 2009, who has been a full-time
136member of the Lee County Sheriff's Office for the 10 years
137immediately preceding his or her retirement may claim up to 5
138years of previous service with another Florida Retirement System
139employer subject to verification by the Division of Retirement
140of the Department of Management Services to meet the 15-year
141requirement as provided for in subsection (5). Persons hired by
142the Lee County Sheriff's Office on or after October 1, 2009, are
143not eligible to claim additional years of service from previous
144Florida Retirement System employers to qualify for employer-paid
145health and hospitalization insurance benefits as provided for in
146subsection (5).
147     (7)  Termination after 15 years of service but prior to
148receiving a retirement benefit.--If an employee terminates from
149the Lee County Sheriff's Office after accumulating 15 years or
150more of full-time service as outlined in subsection (6), but
151prior to receiving a retirement benefit from the Florida
152Retirement System, he or she may continue participating in the
153Lee County Sheriff's Office group health and hospitalization
154insurance plan by paying the full current group premium rate for
155individual or family coverage. Upon receiving written
156notification and documentation from the Florida Retirement
157System that the former employee has become a retiree of the
158Florida Retirement System, the Lee County Sheriff's Office shall
159begin to pay a portion of the retiree's, and dependents' if
160qualified, health and hospitalization insurance premium from the
161effective date of retirement. It is the retiree's responsibility
162to ensure that notification of retirement from the Florida
163Retirement System is made to the Lee County Sheriff's Office. No
164retroactive payments may be made due to the retiree's failure to
165timely notify the Lee County Sheriff's Office of his or her
166retirement.
167     (8)  Retirement benefits from a previous or subsequent
168employer.--If a retiree, qualified under subsection (6) or
169subsection (7), is entitled to retirement health insurance
170benefits paid for by any previous or subsequent employer, the
171Lee County Sheriff's Office shall be a secondary payor to that
172coverage.
173     (9)  Premium payments by the Lee County Sheriff's Office;
174employer premium.--The employer premium, the portion of a
175qualified retiree's health and hospitalization insurance premium
176payable by the Lee County Sheriff's Office, is dependent upon
177the retiree expressing a desire to participate in the Lee County
178Sheriff's Office group health and hospitalization plan and the
179following schedule:
180     (a)  At 15 years of service the Lee County Sheriff's Office
181shall pay up to 75 percent of the portion of the retiree's
182health and hospitalization insurance premium that exceeds the
183amount of any health insurance subsidy paid to a retiree. For
184each full month of employment with the Lee County Sheriff's
185Office beyond 15 years the Sheriff's Office shall pay an
186additional 0.416 percent per month through 19 years and 11
187months of service. The insured retiree may purchase, at his or
188her own expense, group coverage for a qualified spouse or
189dependents. Employee premium payments and payments for insurance
190coverage of dependents of the retiree are payable by the
191retiree.
192     (b)  At 20 years of service and beyond, the Lee County
193Sheriff's Office shall pay up to 100 percent of the portion of
194the retiree's health and hospitalization insurance premium that
195exceeds the first $100 of any health insurance subsidy received
196by a retiree and in addition shall pay 50 percent of the health
197and hospitalization insurance premium for any qualified spouse
198or dependents of the retiree. Any employee premium payments and
199the balance of payments for dependents of the retiree are
200payable by the retiree or qualified dependent. Any increase or
201decrease to the health insurance subsidy by the state shall be
202factored into the provisions of this subsection.
203     (c)  Premiums may be adjusted annually based on actual
204qualified group costs to the Lee County Sheriff's Office.
205     (10)  Effect of Medicare eligibility.--At such time as a
206retiree or qualified dependent covered under this section
207becomes eligible for Medicare health insurance, it is his or her
208responsibility to enroll in and utilize his or her Medicare
209benefits to pay primary, secondary, or last payments to the
210extent stated under federal law. The Lee County Sheriff's Office
211shall treat an eligible retiree or qualified dependent as
212enrolled in Medicare parts A and B, regardless of actual
213enrollment, and base its payments on behalf of the retiree or
214qualified dependent as if the retiree or spouse has utilized his
215or her Medicare benefits.
216     (11)  Method of premium payments.--Any employee premium
217payments or portions of employee premium payments due from the
218retiree must be made directly to the Lee County Sheriff's Office
219either by the retiree or by authorized deduction from his or her
220Florida Retirement System benefit payments.
221     (12)  Limitation on selection of continued insurance
222benefits.--Retirement insurance benefits are only available to
223an employee at the time he or she retires from the Florida
224Retirement System, except as provided in subsection (7). All
225benefits must be applied for within 60 days of the employee's
226last physical day of employment. If an employee chooses not to
227receive any or all retirement benefits or fails to make a
228selection of benefits during this time period, he or she does
229not have the option to do so at a later date. Retirees receiving
230benefits may only add dependents at a later date if a qualifying
231event has occurred.
232     (13)(a)  Death of insured retiree.--Upon the death of an
233insured retiree, his or her spouse or qualified dependents, or
234both, may continue to participate in any group health and
235hospitalization plan that was in force on them at the time of
236such death. The death of a retiree shall not be considered a
237qualifying event to add additional persons or modify existing
238insurance coverage. Premiums shall not be increased unless there
239is an overall increase in premiums for active employees.
240     (b)  In the event that a current classified employee of the
241Lee County Sheriff's Office dies or becomes totally and
242permanently disabled while carrying out the duties of his or her
243office but does not qualify for benefits under section 112.19,
244Florida Statutes, the employee shall be considered retired from
245the Lee County Sheriff's Office at the date of such death or
246total and permanent disability. This retirement shall qualify
247the employee and his or her surviving qualified dependents to be
248insured according to current Sheriff's Office policy and under
249this section provided that the employee meets all requirements
250contained in this section as to length of service and selection
251of benefits.
252     (14)  Participation of classified and unclassified
253members.--This section shall apply to all classified and
254unclassified members of the Lee County Sheriff's Office alike,
255provided that they meet all eligibility requirements found in
256this section. When a retiree receiving this health insurance
257benefit becomes eligible for Medicare, his or her health
258coverage will convert to the Medicare Supplement health
259insurance.
260     (a)  In order to receive this benefit, the retiree must
261have served with the Lee County Sheriff's Office for the 10
262years immediately preceding his or her retirement. The retiree
263may claim up to 5 years of creditable service earned while in
264the employ of another member agency within the Florida
265Retirement System. The Lee County Sheriff's Office shall verify
266all years of creditable service claimed through the Division of
267Retirement of the Department of Administration.
268     (b)  If an employee retires from the Lee County Sheriff's
269Office after at least 10 years of service with the department,
270but before reaching retirement age, and has participated in the
271Florida Retirement System for at least 15 years, he or she may
272pay his and her or his and her dependent's health insurance
273costs until he or she begins to receive retirement benefits
274under the Florida Retirement System. The Lee County Sheriff's
275Office shall begin to pay a percentage of the employee's health
276insurance costs when he or she begins to receive such retirement
277benefits. The retiree shall give the sheriff's office written
278notice of the date of payment of his or her initial retirement
279benefit. The Lee County Sheriff's Office shall verify this date
280through the Division of Retirement of the Department of
281Administration.
282     (c)  The Lee County Sheriff's Office shall base the
283percentage of a retiree's health insurance costs it will pay
284upon the number of years of creditable service that the retiree
285has accumulated in the Florida Retirement System. Fifteen years
286of creditable service entitles the retiree to have 75 percent of
287his or her health insurance premiums paid by the sheriff's
288office. The sheriff's office shall pay an additional 5 percent
289of the insurance premiums for each year of service in excess of
29015 years until reaching a maximum of 100 percent of the premium
291at 20 years of service. The Lee County Sheriff's Office shall
292pay an additional one-twelfth of 1 percent of the premium for
293each month served until the full 100 percent is paid.
294     (d)  If an employee has health insurance coverage through a
295previous employer, the Lee County Sheriff's Office will be the
296secondary payor.
297     (e)  If an employee receives a retiree health insurance
298subsidy from the state, the Lee County Sheriff's Office shall
299reduce the amount it pays of the employee's health insurance
300premiums by the amount of the subsidy.
301     (f)  The Lee County Sheriff's Office shall pay for the
302health insurance coverage of the retiree and 50 percent of his
303or her dependents' health insurance coverage only if the
304retiree's health insurance is paid at 100 percent of the premium
305at 20 years of service. A retiree who obtains benefits without
306attaining 20 years of service may pay for the health insurance
307of his or her dependents. Upon a retiree's death, his or her
308spouse may continue the health insurance coverage previously
309provided by the retiree. Premiums must be paid to the Lee County
310Sheriff's Office.
311     (g)  This retiree health insurance benefit is only
312available to an employee when he or she retires. If the employee
313does not elect to receive the insurance benefit upon retiring,
314he or she does not have the option of receiving the benefit at a
315later date.
316     Section 2.  This act shall take effect upon becoming a law.


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