HB 1551 2022
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hb1551-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the Florida Retirement System; 2
amending s. 121.021, F.S.; redefining the term 3
"termination"; providing a definition for the term 4
"volunteer services"; amending s. 121.091; authorizing 5
the Division of Retirement to adopt rules for the 6
provision of volunteer services; authorizing employers 7
to create volunteer programs; providing an effective 8
date. 9
10
Be It Enacted by the Legislature of the State of Florida: 11
12
Section 1. Subsection (39) of section 121.021, Florida 13
Statutes, is amended, and subsection (65) is added to that 14
section, to read: 15
121.021 Definitions. —The following words and phrases as 16
used in this chapter have the respe ctive meanings set forth 17
unless a different meaning is plainly required by the context: 18
(39)(a) "Termination" occurs, except as provided in 19
paragraphs paragraph (b) and (c), when a member ceases all 20
employment relationships with , and ceases providing ser vices to, 21
all participating employers, however: 22
1. For retirements effective before July 1, 2010, if a 23
member is employed by , or provides services to, any such 24
employer within the next calendar month, termination shall be 25
HB 1551 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
deemed not to have occurred. A l eave of absence constitutes a 26
continuation of the employment relationship, except that a leave 27
of absence without pay due to disability may constitute 28
termination if such member makes application for and is approved 29
for disability retirement in accordance with s. 121.091(4). The 30
department or state board may require other evidence of 31
termination as it deems necessary. 32
2. For retirements effective on or after July 1, 2010, if 33
a member is employed by , or provides services to, any such 34
employer within the ne xt 6 calendar months, termination shall be 35
deemed not to have occurred. A leave of absence constitutes a 36
continuation of the employment relationship, except that a leave 37
of absence without pay due to disability may constitute 38
termination if such member mak es application for and is approved 39
for disability retirement in accordance with s. 121.091(4). The 40
department or state board may require other evidence of 41
termination as it deems necessary. 42
(b) "Termination" for a member ending participation 43
electing to participate in the Deferred Retirement Option 44
Program occurs when the program participant ceases all 45
employment relationships with , and ceases providing services to, 46
all participating employers in accordance with s. 121.091(13), 47
however: 48
1. For termination dates occurring before July 1, 2010, if 49
a the member is employed by or provides services to, any such 50
HB 1551 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
employer within the next calendar month, termination shall will 51
be deemed not to have occurred, except as provided in s. 52
121.091(13)(b)4.c. A leave of absence constitutes shall 53
constitute a continuation of the employment relationship. 54
2. For termination dates occurring on or after July 1, 55
2010, if a the member becomes employed by , or provides services 56
to, any such employer within the next 6 calendar mo nths, 57
termination shall will be deemed not to have occurred, except as 58
provided in s. 121.091(13)(b)4.c. A leave of absence constitutes 59
a continuation of the employment relationship. 60
(c) Effective July 1, 2011, "termination" for a member 61
receiving a refund of employee contributions occurs when a 62
member ceases all employment relationships with , and ceases 63
providing services to, all participating employers for 3 64
calendar months. A leave of absence constitutes a continuation 65
of the employment relationship. 66
67
All terminations must be a termination of employment as defined 68
in 26 C.F.R. s. 1.409A -1(h)(1)(ii). Volunteer services do not 69
constitute employment by, or provision of services to, an 70
employer. The department or state board may require any evidence 71
of termination necessary to determine compliance with this 72
chapter or the rules promulgated thereunder. 73
(65) "Volunteer services" means services provided in 74
accordance with any rules promulgated under s. 121.091(15). 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 2. Paragraph (c) of subsection (4) of section 76
121.091, Florida Statutes, is amended, and subsection (15) is 77
added to that section, to read: 78
121.091 Benefits payable under the system. —Benefits may 79
not be paid under this section unless the member has terminated 80
employment as provided in s. 121.021(39)(a) or begun 81
participation in the Deferred Retirement Option Program as 82
provided in subsection (13), and a proper application has been 83
filed in the manner prescribed by the department. The department 84
may cancel an application for retirement benefits when the 85
member or beneficiary fails to timely provide the information 86
and documents required by this chapter and the department's 87
rules. The department shall adopt rules establishing procedures 88
for application for retirement benefits and for the cancellation 89
of such application when the required information or documents 90
are not received. 91
(4) DISABILITY RETIREMENT BENEFIT. — 92
(c) Proof of disability. —The administrator, before 93
approving payment of any disabi lity retirement benefit, shall 94
require proof that the member is totally and permanently 95
disabled as provided herein: 96
1. Such proof shall include the certification of the 97
member's total and permanent disability by two licensed 98
physicians of the state and such other evidence of disability as 99
the administrator may require, including reports from vocational 100
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rehabilitation, evaluation, or testing specialists who have 101
evaluated the applicant for employment. A member whose position 102
with an employer requires that the member work full time outside 103
this state in the United States may include certification by two 104
licensed physicians of the state where the member works. A 105
member who is receiving care at a federal Veterans Health 106
Administration facility may include cer tification by two 107
licensed physicians working at the facility. 108
2. It must be documented that: 109
a. The member's medical condition occurred or became 110
symptomatic during the time the member was employed in an 111
employee/employer relationship with his or her employer; 112
b. The member was totally and permanently disabled at the 113
time he or she terminated covered employment; and 114
c. The member has not been employed with , or provided any 115
services to, any other employer after such termination. 116
3. If the application is for in-line-of-duty disability, 117
in addition to the requirements of subparagraph 2., it must be 118
documented by competent medical evidence that the disability was 119
caused by a job-related illness or accident which occurred while 120
the member was in an emp loyee/employer relationship with his or 121
her employer. 122
4. The unavailability of an employment position that the 123
member is physically and mentally capable of performing will not 124
be considered as proof of total and permanent disability. 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(15) VOLUNTEER SERVICES.—The division may adopt rules 126
establishing criteria for volunteer services that retirees may 127
provide to an employer while still being deemed to have a 128
termination as defined in s. 121.021(39). Employers may 129
establish volunteer programs in accordance with these rules. 130
Section 3. This act shall take effect July 1, 2022. 131