| 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; amending s. 185.18, F.S.; providing |
| 9 | minimum retirement benefits payable to certain Special |
| 10 | Risk Class members who are injured in the line of duty and |
| 11 | who are totally and permanently disabled due to such |
| 12 | injury; providing for contribution rate increases to fund |
| 13 | benefits provided in s. 121.091, F.S., as amended; |
| 14 | directing the Division of Statutory Revision to adjust |
| 15 | contribution rates set forth in s. 121.71, F.S.; providing |
| 16 | an effective date. |
| 17 |
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| 18 | Be It Enacted by the Legislature of the State of Florida: |
| 19 |
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| 20 | Section 1. This act may be cited as the "Officer Malcolm |
| 21 | Thompson Act." |
| 22 | Section 2. It is declared by the Legislature that law |
| 23 | enforcement officers, as defined in s. 943.10(1), Florida |
| 24 | Statutes, sheriffs as defined in s. 30.072(5), Florida Statutes, |
| 25 | deputy sheriffs as defined in s. 30.072(2), Florida Statutes, |
| 26 | and highway patrol officers under chapter 321, Florida Statutes, |
| 27 | perform state and municipal functions; that it is their duty to |
| 28 | protect life and property at their own risk and peril; that it |
| 29 | is their duty to continuously instruct school personnel, public |
| 30 | officials, and private citizens about safety; and that their |
| 31 | activities are vital to public safety. Therefore, the |
| 32 | Legislature declares that it is a proper and legitimate state |
| 33 | purpose to provide a uniform retirement system for the benefit |
| 34 | of law enforcement officers, as defined in s. 943.10(1), Florida |
| 35 | Statutes, sheriffs as defined in s. 30.072(5), Florida Statutes, |
| 36 | deputy sheriffs as defined in s. 30.072(2), Florida Statutes, |
| 37 | and highway patrol officers under chapter 321, Florida Statutes, |
| 38 | and intends, in implementing the provisions of s. 14, Art. X of |
| 39 | the State Constitution as they relate to municipal and special |
| 40 | district pension trust fund systems and plans, that such |
| 41 | retirement systems or plans be managed, administered, operated, |
| 42 | and funded in such manner as to maximize the protection of |
| 43 | pension trust funds. Pursuant to s. 18, Art. VII of the State |
| 44 | Constitution, the Legislature hereby determines and declares |
| 45 | that the provisions of this act fulfill an important state |
| 46 | interest. |
| 47 | Section 3. Paragraph (b) of subsection (4) of section |
| 48 | 121.091, Florida Statutes, is amended to read: |
| 49 | 121.091 Benefits payable under the system.--Benefits may |
| 50 | not be paid under this section unless the member has terminated |
| 51 | employment as provided in s. 121.021(39)(a) or begun |
| 52 | participation in the Deferred Retirement Option Program as |
| 53 | provided in subsection (13), and a proper application has been |
| 54 | filed in the manner prescribed by the department. The department |
| 55 | may cancel an application for retirement benefits when the |
| 56 | member or beneficiary fails to timely provide the information |
| 57 | and documents required by this chapter and the department's |
| 58 | rules. The department shall adopt rules establishing procedures |
| 59 | for application for retirement benefits and for the cancellation |
| 60 | of such application when the required information or documents |
| 61 | are not received. |
| 62 | (4) DISABILITY RETIREMENT BENEFIT.-- |
| 63 | (b) Total and permanent disability.--A member shall be |
| 64 | considered totally and permanently disabled if, in the opinion |
| 65 | of the administrator, he or she is prevented, by reason of a |
| 66 | medically determinable physical or mental impairment, from |
| 67 | rendering useful and efficient service as an officer or |
| 68 | employee. A Special Risk Class member who is an officer and who |
| 69 | is catastrophically injured as defined in s. 440.02(38), Florida |
| 70 | Statutes 2002, in the line of duty as a result of a felonious |
| 71 | act of another shall be considered totally and permanently |
| 72 | disabled and unable to render useful and efficient service as an |
| 73 | officer, unless the administrator can provide documented |
| 74 | competent medical evidence that the officer is able to render |
| 75 | useful and efficient service as an officer. For purposes of this |
| 76 | section, the term "officer" includes law enforcement officers as |
| 77 | defined in s. 943.10(1), sheriffs as defined in s. 30.072(5), |
| 78 | deputy sheriffs as defined in s. 30.072(2), and highway patrol |
| 79 | officers under chapter 321. |
| 80 | Section 4. Subsection (5) of section 185.18, Florida |
| 81 | Statutes, is amended to read: |
| 82 | 185.18 Disability retirement.--For any municipality, |
| 83 | chapter plan, local law municipality, or local law plan under |
| 84 | this chapter: |
| 85 | (5) The benefit payable to a police officer who retires |
| 86 | from the service of the city with a total and permanent |
| 87 | disability as a result of a disability is the monthly income |
| 88 | payable for 10 years certain and life for which, if the police |
| 89 | officer's disability occurred in the line of duty, his or her |
| 90 | monthly benefit shall be the accrued retirement benefit, but |
| 91 | shall not be less than 42 percent of his or her average monthly |
| 92 | compensation as of the police officer's disability retirement |
| 93 | date. If after 10 years of service the disability is other than |
| 94 | in the line of duty, the police officer's monthly benefit shall |
| 95 | be the accrued normal retirement benefit, but shall not be less |
| 96 | than 25 percent of his or her average monthly compensation as of |
| 97 | the police officer's disability retirement date. Notwithstanding |
| 98 | any provision to the contrary, the monthly retirement benefit |
| 99 | payable to a police officer who retires from service due to |
| 100 | total and permanent disability as a result of a catastrophic |
| 101 | injury as defined in s. 440.02(38), Florida Statutes 2002, |
| 102 | suffered in the line of duty where such injury is a result of a |
| 103 | felonious act of another shall be the accrued retirement benefit |
| 104 | but shall not be less than 80 percent of the officer's average |
| 105 | monthly compensation as of the officer's disability retirement |
| 106 | date. |
| 107 | Section 5. Effective July 1, 2010, in order to fund the |
| 108 | benefits provided in s. 121.091, Florida Statutes, as amended by |
| 109 | this act, the contribution rate that applies to the Special Risk |
| 110 | Class of the defined benefit program of the Florida Retirement |
| 111 | System shall be increased by 0.02 percentage points. This |
| 112 | increase shall be in addition to all other changes to such |
| 113 | contribution rates which may be enacted into law to take effect |
| 114 | on that date. The Division of Statutory Revision is directed to |
| 115 | adjust accordingly the contribution rates set forth in s. |
| 116 | 121.71, Florida Statutes. |
| 117 | Section 6. This act shall take effect July 1, 2010. |