HB 1121 2023
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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.; revising and providing 3
definitions; amending s. 121.091; requiring the 4
Division of Retirement to adopt rules for the 5
provision of volunteer services; authorizing employers 6
to establish volunteer programs; providing an 7
effective date. 8
9
Be It Enacted by the Legislature of the State of Florida: 10
11
Section 1. Subsection (39 ) of section 121.021, Florida 12
Statutes, is amended, and subsection (65) is added to that 13
section, to read: 14
121.021 Definitions. —The following words and phrases as 15
used in this chapter have the respective meanings set forth 16
unless a different meaning is p lainly required by the context: 17
(39)(a) "Termination" occurs, except as provided in 18
paragraphs paragraph (b) and (c), when a member ceases all 19
employment relationships with , and ceases providing services to, 20
all participating employers, however: 21
1. For retirements effective before July 1, 2010, if a 22
member is employed by , or provides services to, any such 23
employer within the next calendar month, termination shall be 24
deemed not to have occurred. A leave of absence constitutes a 25
HB 1121 2023
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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
continuation of the employ ment relationship, except that a leave 26
of absence without pay due to disability may constitute 27
termination if such member makes application for and is approved 28
for disability retirement in accordance with s. 121.091(4). The 29
department or state board may re quire other evidence of 30
termination as it deems necessary. 31
2. For retirements effective on or after July 1, 2010, if 32
a member is employed by , or provides services to, any such 33
employer within the next 6 calendar months, termination shall be 34
deemed not to have occurred. A leave of absence constitutes a 35
continuation of the employment relationship, except that a leave 36
of absence without pay due to disability may constitute 37
termination if such member makes application for and is approved 38
for disability retire ment in accordance with s. 121.091(4). The 39
department or state board may require other evidence of 40
termination as it deems necessary. 41
(b) "Termination" for a member ending participation 42
electing to participate in the Deferred Retirement Option 43
Program occurs when the program participant ceases all 44
employment relationships with , and ceases providing services to, 45
all participating employers in accordance with s. 121.091(13), 46
however: 47
1. For termination dates occurring before July 1, 2010, if 48
a the member is employed by, or provides services to, any such 49
employer within the next calendar month, termination shall will 50
HB 1121 2023
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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
be deemed not to have occurred, except as provided in s. 51
121.091(13)(b)4.c. A leave of absence constitutes shall 52
constitute a continuation of the employment relationship. 53
2. For termination dates occurring on or after July 1, 54
2010, if a the member becomes employed by , or provides services 55
to, any such employer within the next 6 calendar months, 56
termination shall will be deemed not to have occu rred, except as 57
provided in s. 121.091(13)(b)4.c. A leave of absence constitutes 58
a continuation of the employment relationship. 59
(c) Effective July 1, 2011, "termination" for a member 60
receiving a refund of employee contributions occurs when a 61
member ceases all employment relationships with , and ceases 62
providing services to, all participating employers for 3 63
calendar months. A leave of absence constitutes a continuation 64
of the employment relationship. 65
66
All terminations must be a termination of employment as defined 67
in 26 C.F.R. s. 1.409A -1(h)(1)(ii). Volunteer services do not 68
constitute employment by, or provision of services to, an 69
employer. The department or state board may require any evidence 70
of termination necessary to determine compliance with this 71
chapter or the rules adopted thereunder. 72
(65) "Volunteer services" means services provided in 73
accordance with any rules adopted under s. 121.091(15). 74
Section 2. Paragraph (c) of subsection (4) of section 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
121.091, Florida Statutes, is amended, and subsec tion (15) is 76
added to that section, to read: 77
121.091 Benefits payable under the system. —Benefits may 78
not be paid under this section unless the member has terminated 79
employment as provided in s. 121.021(39)(a) or begun 80
participation in the Deferred Retirement Option Program as 81
provided in subsection (13), and a proper application has been 82
filed in the manner prescribed by the department. The department 83
may cancel an application for retirement benefits when the 84
member or beneficiary fails to timely provide the information 85
and documents required by this chapter and the department's 86
rules. The department shall adopt rules establishing procedures 87
for application for retirement benefits and for the cancellation 88
of such application when the required information or documents 89
are not received. 90
(4) DISABILITY RETIREMENT BENEFIT. — 91
(c) Proof of disability. —The administrator, before 92
approving payment of any disability retirement benefit, shall 93
require proof that the member is tota lly and permanently 94
disabled as provided herein: 95
1. Such proof shall include the certification of the 96
member's total and permanent disability by two licensed 97
physicians of the state and such other evidence of disability as 98
the administrator may require, including reports from vocational 99
rehabilitation, evaluation, or testing specialists who have 100
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evaluated the applicant for employment. A member whose position 101
with an employer requires that the member work full time outside 102
this state in the United States m ay include certification by two 103
licensed physicians of the state where the member works. A 104
member who is receiving care at a federal Veterans Health 105
Administration facility may include certification by two 106
licensed physicians working at the facility. 107
2. It must be documented that: 108
a. The member's medical condition occurred or became 109
symptomatic during the time the member was employed in an 110
employee/employer relationship with his or her employer; 111
b. The member was totally and permanently disabled at th e 112
time he or she terminated covered employment; and 113
c. The member has not been employed with , or provided any 114
services to, any other employer after such termination. 115
3. If the application is for in -line-of-duty disability, 116
in addition to the requiremen ts of subparagraph 2., it must be 117
documented by competent medical evidence that the disability was 118
caused by a job-related illness or accident which occurred while 119
the member was in an employee/employer relationship with his or 120
her employer. 121
4. The unavailability of an employment position that the 122
member is physically and mentally capable of performing will not 123
be considered as proof of total and permanent disability. 124
(15) VOLUNTEER SERVICES. —The division shall adopt rules 125
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establishing criteria for volu nteer services that retirees may 126
provide to an employer while still being deemed to have a 127
termination as defined in s. 121.021(39). Employers may 128
establish volunteer programs in accordance with these rules. 129
Section 3. This act shall take effect July 1, 2023. 130