Florida Senate - 2015 SB 136
By Senator Hays
11-00153A-15 2015136__
1 A bill to be entitled
2 An act relating to the Florida Retirement System;
3 amending s. 121.091, F.S.; specifying eligibility of a
4 monthly death benefit payment to the surviving spouse,
5 child, or parent of a law enforcement officer or
6 firefighter employed by the state; providing an annual
7 appropriation; providing an effective date.
8
9 Be It Enacted by the Legislature of the State of Florida:
10
11 Section 1. Paragraph (i) is added to subsection (7) of
12 section 121.091, Florida Statutes, to read:
13 121.091 Benefits payable under the system.—Benefits may not
14 be paid under this section unless the member has terminated
15 employment as provided in s. 121.021(39)(a) or begun
16 participation in the Deferred Retirement Option Program as
17 provided in subsection (13), and a proper application has been
18 filed in the manner prescribed by the department. The department
19 may cancel an application for retirement benefits when the
20 member or beneficiary fails to timely provide the information
21 and documents required by this chapter and the department’s
22 rules. The department shall adopt rules establishing procedures
23 for application for retirement benefits and for the cancellation
24 of such application when the required information or documents
25 are not received.
26 (7) DEATH BENEFITS.—
27 (i)1. Notwithstanding any other provision in this chapter
28 or chapter 112 to the contrary, a qualifying survivor of a
29 member employed by the state as a law enforcement officer as
30 defined in s. 943.10 or as a firefighter as defined in s.
31 112.191, who is killed in the line of duty; is killed when off
32 duty while acting in an official capacity to prevent injury,
33 death, or loss of property; or otherwise killed by reason of his
34 or her employment as a law enforcement officer or as a
35 firefighter, is eligible for the following minimum benefits:
36 a. The surviving spouse may receive a monthly payment equal
37 to the monthly salary being received by the member at the time
38 of death for the rest of the surviving spouse’s lifetime.
39 b. If the surviving spouse of the member dies, the monthly
40 payment that would have been payable to the surviving spouse had
41 the spouse lived shall be paid for the use and benefit of such
42 member’s child or children under 18 years of age and unmarried
43 until the 18th birthday of the member’s youngest child, or until
44 the end of the calendar year that the member’s youngest child
45 reaches the age of 25 if such child is enrolled as a full-time
46 student.
47 c. If a member leaves no surviving spouse but is survived
48 by a child or children under 18 years of age, the benefits
49 provided by sub-subparagraph a., normally payable to a surviving
50 spouse, shall be paid for the use and benefit of such member’s
51 child or children under 18 years of age and unmarried until the
52 18th birthday of the member’s youngest child, or until the end
53 of the calendar year that the member’s youngest child reaches
54 the age of 25 if such child is enrolled as a full-time student.
55 d. If a member leaves no surviving spouse or surviving
56 children, but is survived by one or more parents, the benefits
57 provided by sub-subparagraph a., normally payable to a surviving
58 spouse or children, shall be paid for the use and benefit of
59 such member’s parents for a period not to exceed 5 years.
60 2. There is hereby annually appropriated from the General
61 Revenue Fund, to be paid into the Florida Retirement System
62 Trust Fund, an amount necessary to cover the additional costs
63 associated with payment of the minimum benefits authorized by
64 this paragraph to the extent that the costs of such benefits
65 exceed other benefits authorized by law.
66 Section 2. This act shall take effect July 1, 2015.