Florida Senate - 2023 SB 1452 By Senator Rodriguez 40-01260B-23 20231452__ 1 A bill to be entitled 2 An act relating to survivor benefits; amending s. 3 121.091, F.S.; requiring the benefits of a Florida 4 Retirement System member killed in the line of duty to 5 be paid to the member’s parents, if certain conditions 6 exist; declaring that the act fulfills an important 7 state interest; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11 Section 1. Paragraphs (d) and (i) of subsection (7) of 12 section 121.091, Florida Statutes, are amended 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 (d) Notwithstanding any other provision in this chapter to 28 the contrary, with the exception of the Deferred Retirement 29 Option Program, as provided in subsection (13): 30 1. The surviving spouse of any member killed in the line of 31 duty may receive a monthly pension equal to one-half of the 32 monthly salary being received by the member at the time of death 33 for the rest of the surviving spouse’s lifetime or, if the 34 member was vested, such surviving spouse may elect to receive a 35 benefit as provided in paragraph (b). Benefits provided by this 36 paragraph shall supersede any other distribution that may have 37 been provided by the member’s designation of beneficiary. 38 2. If the surviving spouse of a member killed in the line 39 of duty dies, the monthly payments that would have been payable 40 to such surviving spouse had such surviving spouse lived shall 41 be paid for the use and benefit of such member’s child or 42 children under 18 years of age and unmarried until the 18th 43 birthday of the member’s youngest child. Beginning July 1, 2016, 44 such payments may be extended, for the surviving child of a 45 member in the Special Risk Class at the time he or she was 46 killed in the line of duty on or after July 1, 2013, until the 47 25th birthday of any child of the member if the child is 48 unmarried and enrolled as a full-time student. Beginning July 1, 49 2017, such payments may be extended, for the surviving child of 50 a member in the Special Risk Class at the time he or she was 51 killed in the line of duty on or after July 1, 2002, until the 52 25th birthday of any child of the member if the child is 53 unmarried and enrolled as a full-time student. 54 3. If a member killed in the line of duty leaves no 55 surviving spouse but is survived by a child or children under 18 56 years of age, the benefits provided by subparagraph 1., normally 57 payable to a surviving spouse, shall be paid for the use and 58 benefit of such member’s child or children under 18 years of age 59 and unmarried until the 18th birthday of the member’s youngest 60 child. Beginning July 1, 2016, such monthly payments may be 61 extended, for the surviving child of a member in the Special 62 Risk Class at the time he or she was killed in the line of duty 63 on or after July 1, 2013, until the 25th birthday of any child 64 of the member if the child is unmarried and enrolled as a full 65 time student. Beginning July 1, 2017, such monthly payments may 66 be extended, for the surviving child of a member in the Special 67 Risk Class at the time he or she was killed in the line of duty 68 on or after July 1, 2002, until the 25th birthday of any child 69 of the member if the child is unmarried and enrolled as a full 70 time student. 71 4. The surviving spouse of a member whose benefit 72 terminated because of remarriage shall have the benefit 73 reinstated beginning July 1, 1993, at an amount that would have 74 been payable had the benefit not been terminated. 75 5. Beginning July 1, 2023, if a member killed in the line 76 of duty leaves no surviving spouse and leaves no unmarried child 77 or children under 18 years of age, or under 25 years of age if 78 the child is unmarried and enrolled as a full-time student, the 79 benefits provided pursuant to subparagraph 1. must be paid for 80 the use and benefit of such member’s surviving parent or parents 81 in equal shares until the death of both parents or for 10 years, 82 whichever occurs first. For the purposes of this subparagraph, 83 the term “parent” means a member’s biological or adoptive 84 parent. 85 (i) Notwithstanding any provision in this chapter to the 86 contrary, if a member in the Special Risk Class, other than a 87 participant in the Deferred Retirement Option Program under 88 subsection (13), is killed in the line of duty on or after July 89 1, 2002, the following benefits are payable in addition to the 90 benefits provided in paragraph (d): 91 1. The surviving spouse may receive a monthly pension equal 92 to one-half of the monthly salary being received by the member 93 at the time of the member’s death for the rest of the surviving 94 spouse’s lifetime or, if the member was vested, such surviving 95 spouse may elect to receive a benefit as provided in paragraph 96 (b). Benefits provided by this paragraph supersede any other 97 distribution that may have been provided by the member’s 98 designation of beneficiary. 99 2. If the surviving spouse dies, the monthly payments that 100 otherwise would have been payable to such surviving spouse shall 101 be paid for the use and benefit of the member’s child or 102 children under 18 years of age and unmarried until the 18th 103 birthday of the member’s youngest child. Such monthly payments 104 may be extended until the 25th birthday of the member’s child if 105 the child is unmarried and enrolled as a full-time student. 106 3. If the member leaves no surviving spouse but is survived 107 by a child or children under 18 years of age, the benefits 108 provided by subparagraph 1., normally payable to a surviving 109 spouse, shall be paid for the use and benefit of such member’s 110 child or children under 18 years of age and unmarried until the 111 18th birthday of the member’s youngest child. Such monthly 112 payments may be extended until the 25th birthday of any of the 113 member’s children if the child is unmarried and enrolled as a 114 full-time student. 115 4. Beginning July 1, 2023, if a member killed in the line 116 of duty leaves no surviving spouse and leaves no unmarried child 117 or children under 18 years of age, or under 25 years of age if 118 the child is unmarried and enrolled as a full-time student, the 119 benefits provided pursuant to subparagraph 1. must be paid for 120 the use and benefit of such member’s surviving parent or parents 121 in equal shares until the death of both parents or for 10 years, 122 whichever occurs first. For purposes of this subparagraph, the 123 term “parent” means a member’s biological or adoptive parent. 124 Section 2. The Legislature finds that a proper and 125 legitimate state purpose is served when employees and retirees 126 of the state and of its political subdivisions, and the 127 dependents, survivors, and beneficiaries of such employees and 128 retirees, are extended the basic protections afforded by 129 governmental retirement systems that provide fair and adequate 130 benefits that are managed, administered, and funded in an 131 actuarially sound manner, as required by s. 14, Article X of the 132 State Constitution and part VII of chapter 112, Florida 133 Statutes. Therefore, the Legislature determines and declares 134 that this act fulfills an important state interest. 135 Section 3. This act shall take effect July 1, 2023.