Florida Senate - 2020                                     SB 936
       
       
        
       By Senator Gainer
       
       
       
       
       
       2-01359-20                                             2020936__
    1                        A bill to be entitled                      
    2         An act relating to disability retirement benefits;
    3         amending s. 121.091, F.S.; allowing members receiving
    4         care at federal Veterans Health Administration
    5         facilities to use certification by a specified number
    6         of physicians working at such facilities as proof of
    7         total and permanent disability for purposes of
    8         establishing eligibility for benefits; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Paragraph (c) of subsection (4) of section
   14  121.091, Florida Statutes, is amended to read:
   15         121.091 Benefits payable under the system.—Benefits may not
   16  be paid under this section unless the member has terminated
   17  employment as provided in s. 121.021(39)(a) or begun
   18  participation in the Deferred Retirement Option Program as
   19  provided in subsection (13), and a proper application has been
   20  filed in the manner prescribed by the department. The department
   21  may cancel an application for retirement benefits when the
   22  member or beneficiary fails to timely provide the information
   23  and documents required by this chapter and the department’s
   24  rules. The department shall adopt rules establishing procedures
   25  for application for retirement benefits and for the cancellation
   26  of such application when the required information or documents
   27  are not received.
   28         (4) DISABILITY RETIREMENT BENEFIT.—
   29         (c) Proof of disability.—The administrator, before
   30  approving payment of any disability retirement benefit, shall
   31  require proof that the member is totally and permanently
   32  disabled as provided herein:
   33         1. Such proof shall include the certification of the
   34  member’s total and permanent disability by two licensed
   35  physicians of the state and such other evidence of disability as
   36  the administrator may require, including reports from vocational
   37  rehabilitation, evaluation, or testing specialists who have
   38  evaluated the applicant for employment. A member whose position
   39  with an employer requires that the member work full time outside
   40  this state in the United States may include certification by two
   41  licensed physicians of the state where the member works. A
   42  member who is receiving care at a federal Veterans Health
   43  Administration facility may include certification by two
   44  licensed physicians working at the facility.
   45         2. It must be documented that:
   46         a. The member’s medical condition occurred or became
   47  symptomatic during the time the member was employed in an
   48  employee/employer relationship with his or her employer;
   49         b. The member was totally and permanently disabled at the
   50  time he or she terminated covered employment; and
   51         c. The member has not been employed with any other employer
   52  after such termination.
   53         3. If the application is for in-line-of-duty disability, in
   54  addition to the requirements of subparagraph 2., it must be
   55  documented by competent medical evidence that the disability was
   56  caused by a job-related illness or accident which occurred while
   57  the member was in an employee/employer relationship with his or
   58  her employer.
   59         4. The unavailability of an employment position that the
   60  member is physically and mentally capable of performing will not
   61  be considered as proof of total and permanent disability.
   62         Section 2. This act shall take effect July 1, 2020.