Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 538
       
       
       
       
       
       
                                Barcode 158558                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/03/2009           .                                
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       The Committee on Community Affairs (Gardiner) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 750 - 763
    4  and insert:
    5         Section 12. Subsection (1) and paragraph (b) of subsection
    6  (2) of section 185.161, Florida Statutes, are amended to read:
    7         185.161 Optional forms of retirement income.—For any
    8  municipality, chapter plan, local law municipality, or local law
    9  plan under this chapter:
   10         (1)(a) In lieu of the amount and form of retirement income
   11  payable in the event of normal or early retirement as specified
   12  in s. 185.16, a police officer, upon written request to the
   13  board of trustees and subject to the approval of the board of
   14  trustees, may elect to receive a retirement income or benefit of
   15  equivalent actuarial value payable in accordance with one of the
   16  following options:
   17         1. A retirement income of larger monthly amount, payable to
   18  the police officer for his or her lifetime only.
   19         2. A retirement income of a modified monthly amount,
   20  payable to the police officer during the joint lifetime of the
   21  police officer and a joint annuitant pensioner designated by the
   22  police officer, and following the death of either of them, 100
   23  percent, 75 percent, 66 2/3 percent, or 50 percent of such
   24  monthly amount payable to the survivor for the lifetime of the
   25  survivor.
   26         3. Such other amount and form of retirement payments or
   27  benefit as, in the opinion of the board of trustees, will best
   28  meet the circumstances of the retiring police officer.
   29         (b) The police officer upon electing any option of this
   30  section shall will designate the joint annuitant pensioner or
   31  beneficiary (or beneficiaries) to receive the benefit, if any,
   32  payable under the plan in the event of the police officer’s
   33  death, and may will have the power to change such designation
   34  from time to time but any such change shall be deemed a new
   35  election and is will be subject to approval by the pension
   36  committee. Such designation must will name a joint annuitant
   37  pensioner or one or more primary beneficiaries where applicable.
   38  If a police officer has elected an option with a joint annuitant
   39  pensioner or beneficiary and his or her retirement income
   40  benefits have commenced, he or she may thereafter change the
   41  designated joint annuitant pensioner or beneficiary but only if
   42  the board of trustees consents to such change and if the joint
   43  annuitant pensioner last previously designated by the police
   44  officer is alive when he or she files with the board of trustees
   45  a request for such change. The consent of a police officer’s
   46  joint annuitant pensioner or beneficiary to any such change is
   47  shall not be required. The board of trustees may request such
   48  evidence of the good health of the joint annuitant pensioner
   49  that is being removed as it may require and the amount of the
   50  retirement income payable to the police officer upon the
   51  designation of a new joint annuitant pensioner shall be
   52  actuarially redetermined taking into account the ages and gender
   53  sex of the former joint annuitant pensioner, the new joint
   54  annuitant pensioner, and the police officer. Each such
   55  designation shall will be made in writing on a form prepared by
   56  the board of trustees, and on completion will be filed with the
   57  board of trustees. If In the event that no designated
   58  beneficiary survives the police officer, such benefits as are
   59  payable in the event of the death of the police officer
   60  subsequent to his or her retirement shall be paid as provided in
   61  s. 185.162.
   62         (c)Notwithstanding paragraph (b), a retired police officer
   63  may change his or her designation of joint annuitant or
   64  beneficiary up to two times as provided in s. 185.341 without
   65  the approval of the board of trustees or the current joint
   66  annuitant or beneficiary. The retiree need not provide proof of
   67  the good health of the joint annuitant or beneficiary being
   68  removed, and the joint annuitant or beneficiary being removed
   69  need not be living.
   70         (2) Retirement income payments shall be made under the
   71  option elected in accordance with the provisions of this section
   72  and shall be subject to the following limitations:
   73         (b) If the designated beneficiary (or beneficiaries) or
   74  joint annuitant pensioner dies before the police officer’s
   75  retirement under the plan, the option elected will be canceled
   76  automatically and a retirement income of the normal form and
   77  amount will be payable to the police officer upon his or her
   78  retirement as if the election had not been made, unless a new
   79  election is made in accordance with the provisions of this
   80  section or a new beneficiary is designated by the police officer
   81  before prior to his or her retirement and within 90 days after
   82  the death of the beneficiary.
   83  
   84  ================= T I T L E  A M E N D M E N T ================
   85         And the title is amended as follows:
   86         Delete line 73
   87  and insert:
   88  trustees or the prior joint annuitant or beneficiary; conforming
   89  provisions relating to joint pensioner or beneficiary to reflect
   90  joint annuitant or beneficiary;