Florida 2022 Regular Session

Florida House Bill H1551 Compare Versions

Only one version of the bill is available at this time.

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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to the Florida Retirement System; 2
16	16	amending s. 121.021, F.S.; redefining the term 3
17	17	"termination"; providing a definition for the term 4
18	18	"volunteer services"; amending s. 121.091; authorizing 5
19	19	the Division of Retirement to adopt rules for the 6
20	20	provision of volunteer services; authorizing employers 7
21	21	to create volunteer programs; providing an effective 8
22	22	date. 9
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24	24	Be It Enacted by the Legislature of the State of Florida: 11
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26	26	Section 1. Subsection (39) of section 121.021, Florida 13
27	27	Statutes, is amended, and subsection (65) is added to that 14
28	28	section, to read: 15
29	29	121.021 Definitions. —The following words and phrases as 16
30	30	used in this chapter have the respe ctive meanings set forth 17
31	31	unless a different meaning is plainly required by the context: 18
32	32	(39)(a) "Termination" occurs, except as provided in 19
33	33	paragraphs paragraph (b) and (c), when a member ceases all 20
34	34	employment relationships with , and ceases providing ser vices to, 21
35	35	all participating employers, however: 22
36	36	1. For retirements effective before July 1, 2010, if a 23
37	37	member is employed by , or provides services to, any such 24
38	38	employer within the next calendar month, termination shall be 25
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47	47	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
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49	49
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51	51	deemed not to have occurred. A l eave of absence constitutes a 26
52	52	continuation of the employment relationship, except that a leave 27
53	53	of absence without pay due to disability may constitute 28
54	54	termination if such member makes application for and is approved 29
55	55	for disability retirement in accordance with s. 121.091(4). The 30
56	56	department or state board may require other evidence of 31
57	57	termination as it deems necessary. 32
58	58	2. For retirements effective on or after July 1, 2010, if 33
59	59	a member is employed by , or provides services to, any such 34
60	60	employer within the ne xt 6 calendar months, termination shall be 35
61	61	deemed not to have occurred. A leave of absence constitutes a 36
62	62	continuation of the employment relationship, except that a leave 37
63	63	of absence without pay due to disability may constitute 38
64	64	termination if such member mak es application for and is approved 39
65	65	for disability retirement in accordance with s. 121.091(4). The 40
66	66	department or state board may require other evidence of 41
67	67	termination as it deems necessary. 42
68	68	(b) "Termination" for a member ending participation 43
69	69	electing to participate in the Deferred Retirement Option 44
70	70	Program occurs when the program participant ceases all 45
71	71	employment relationships with , and ceases providing services to, 46
72	72	all participating employers in accordance with s. 121.091(13), 47
73	73	however: 48
74	74	1. For termination dates occurring before July 1, 2010, if 49
75	75	a the member is employed by or provides services to, any such 50
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84	84	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
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88	88	employer within the next calendar month, termination shall will 51
89	89	be deemed not to have occurred, except as provided in s. 52
90	90	121.091(13)(b)4.c. A leave of absence constitutes shall 53
91	91	constitute a continuation of the employment relationship. 54
92	92	2. For termination dates occurring on or after July 1, 55
93	93	2010, if a the member becomes employed by , or provides services 56
94	94	to, any such employer within the next 6 calendar mo nths, 57
95	95	termination shall will be deemed not to have occurred, except as 58
96	96	provided in s. 121.091(13)(b)4.c. A leave of absence constitutes 59
97	97	a continuation of the employment relationship. 60
98	98	(c) Effective July 1, 2011, "termination" for a member 61
99	99	receiving a refund of employee contributions occurs when a 62
100	100	member ceases all employment relationships with , and ceases 63
101	101	providing services to, all participating employers for 3 64
102	102	calendar months. A leave of absence constitutes a continuation 65
103	103	of the employment relationship. 66
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105	105	All terminations must be a termination of employment as defined 68
106	106	in 26 C.F.R. s. 1.409A -1(h)(1)(ii). Volunteer services do not 69
107	107	constitute employment by, or provision of services to, an 70
108	108	employer. The department or state board may require any evidence 71
109	109	of termination necessary to determine compliance with this 72
110	110	chapter or the rules promulgated thereunder. 73
111	111	(65) "Volunteer services" means services provided in 74
112	112	accordance with any rules promulgated under s. 121.091(15). 75
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121	121	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
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125	125	Section 2. Paragraph (c) of subsection (4) of section 76
126	126	121.091, Florida Statutes, is amended, and subsection (15) is 77
127	127	added to that section, to read: 78
128	128	121.091 Benefits payable under the system. —Benefits may 79
129	129	not be paid under this section unless the member has terminated 80
130	130	employment as provided in s. 121.021(39)(a) or begun 81
131	131	participation in the Deferred Retirement Option Program as 82
132	132	provided in subsection (13), and a proper application has been 83
133	133	filed in the manner prescribed by the department. The department 84
134	134	may cancel an application for retirement benefits when the 85
135	135	member or beneficiary fails to timely provide the information 86
136	136	and documents required by this chapter and the department's 87
137	137	rules. The department shall adopt rules establishing procedures 88
138	138	for application for retirement benefits and for the cancellation 89
139	139	of such application when the required information or documents 90
140	140	are not received. 91
141	141	(4) DISABILITY RETIREMENT BENEFIT. — 92
142	142	(c) Proof of disability. —The administrator, before 93
143	143	approving payment of any disabi lity retirement benefit, shall 94
144	144	require proof that the member is totally and permanently 95
145	145	disabled as provided herein: 96
146	146	1. Such proof shall include the certification of the 97
147	147	member's total and permanent disability by two licensed 98
148	148	physicians of the state and such other evidence of disability as 99
149	149	the administrator may require, including reports from vocational 100
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158	158	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
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162	162	rehabilitation, evaluation, or testing specialists who have 101
163	163	evaluated the applicant for employment. A member whose position 102
164	164	with an employer requires that the member work full time outside 103
165	165	this state in the United States may include certification by two 104
166	166	licensed physicians of the state where the member works. A 105
167	167	member who is receiving care at a federal Veterans Health 106
168	168	Administration facility may include cer tification by two 107
169	169	licensed physicians working at the facility. 108
170	170	2. It must be documented that: 109
171	171	a. The member's medical condition occurred or became 110
172	172	symptomatic during the time the member was employed in an 111
173	173	employee/employer relationship with his or her employer; 112
174	174	b. The member was totally and permanently disabled at the 113
175	175	time he or she terminated covered employment; and 114
176	176	c. The member has not been employed with , or provided any 115
177	177	services to, any other employer after such termination. 116
178	178	3. If the application is for in-line-of-duty disability, 117
179	179	in addition to the requirements of subparagraph 2., it must be 118
180	180	documented by competent medical evidence that the disability was 119
181	181	caused by a job-related illness or accident which occurred while 120
182	182	the member was in an emp loyee/employer relationship with his or 121
183	183	her employer. 122
184	184	4. The unavailability of an employment position that the 123
185	185	member is physically and mentally capable of performing will not 124
186	186	be considered as proof of total and permanent disability. 125
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195	195	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
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199	199	(15) VOLUNTEER SERVICES.—The division may adopt rules 126
200	200	establishing criteria for volunteer services that retirees may 127
201	201	provide to an employer while still being deemed to have a 128
202	202	termination as defined in s. 121.021(39). Employers may 129
203	203	establish volunteer programs in accordance with these rules. 130
204	204	Section 3. This act shall take effect July 1, 2022. 131