Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. PCS (218244) for SB 136
       
       
       
       
       
       
                                Ì519514(Î519514                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/03/2015           .                                
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       The Committee on Governmental Oversight and Accountability
       (Hays) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 180 and 181
    4  insert:
    5         Section 3. For the purpose of incorporating the amendment
    6  made by this act to section 112.19, Florida Statutes, in a
    7  reference thereto, Section 185.21, Florida Statutes, is
    8  reenacted to read
    9         185.21 Death prior to retirement; refunds of contributions
   10  or payment of death benefits.—For any municipality, chapter
   11  plan, local law municipality, or local law plan under this
   12  chapter:
   13         (1) If a police officer dies before being eligible to
   14  retire, the heirs, legatees, beneficiaries, or personal
   15  representatives of such deceased police officer shall be
   16  entitled to a refund of 100 percent, without interest, of the
   17  contributions made to the municipal police officers’ retirement
   18  trust fund by such deceased police officer or, in the event an
   19  annuity or life insurance contract has been purchased by the
   20  board on such police officer, then to the death benefits
   21  available under such life insurance or annuity contract, subject
   22  to the limitations on such death benefits set forth in s.
   23  185.061 whichever amount is greater.
   24         (2) If a police officer having at least 10 years of
   25  credited service dies prior to retirement, his or her
   26  beneficiary is entitled to the benefits otherwise payable to the
   27  police officer at early or normal retirement age.
   28  
   29  In the event that a death benefit paid by a life insurance
   30  company exceeds the limit set forth in s. 185.061(6), the excess
   31  of the death benefit over the limit shall be paid to the
   32  municipal police officers’ retirement trust fund. However, death
   33  benefits as provided pursuant to s. 112.19 or any other state or
   34  federal law shall not be included in the calculation of death or
   35  retirement benefits provided under this chapter.
   36         Section 4. For the purpose of incorporating the amendment
   37  made by this act to section 112.191, Florida Statutes, in a
   38  reference thereto, Section 175.201, Florida Statutes, is
   39  reenacted to read
   40         175.201 Death prior to retirement; refunds of
   41  contributions; death benefits.—For any municipality, special
   42  fire control district, chapter plan, local law municipality,
   43  local law special fire control district, or local law plan under
   44  this chapter:
   45         (1) If a firefighter dies before being eligible to retire,
   46  the heirs, legatees, beneficiaries, or personal representatives
   47  of such deceased firefighter shall be entitled to a refund of
   48  100 percent, without interest, of the contributions made to the
   49  firefighters’ pension trust fund by such deceased firefighter
   50  or, in the event an annuity or life insurance contract has been
   51  purchased by the board of trustees on such firefighter, then to
   52  the death benefits available under such life insurance or
   53  annuity contract subject to the limitations on such death
   54  benefits set forth in s. 175.081, whichever amount is greater.
   55         (2) If a firefighter having at least 10 years of credited
   56  service dies prior to retirement, his or her beneficiary is
   57  entitled to the benefits otherwise payable to the firefighter at
   58  early or normal retirement age.
   59  
   60  In the event that the death benefit paid by a life insurance
   61  company exceeds the limit set forth in s. 175.081, the excess of
   62  the death benefit over the limit shall be paid to the
   63  firefighters’ pension trust fund. However, death benefits
   64  provided pursuant to s. 112.191 or any other state or federal
   65  law shall not be included in the calculation of death or
   66  retirement benefits provided under this chapter.
   67  
   68  ================= T I T L E  A M E N D M E N T ================
   69  And the title is amended as follows:
   70         Delete line 11
   71  and insert:
   72         benefit; reenacting s. 185.21, F.S., relating to
   73         municipal police pensions, to incorporate the
   74         amendment made to s. 112.19, F.S.; reenacting s.
   75         175.201, F.S., relating to firefighter pensions, to
   76         incorporate the amendment made to s. 112.191, F.S.;
   77         providing an effective date.