Florida 2023 Regular Session

Florida House Bill H1311 Compare Versions

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

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3	3	HB 1311 2023
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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 survivor benefits; amending s. 2
16	16	121.091, F.S.; requiring the benefits of a Florida 3
17	17	Retirement System member killed in the line of duty to 4
18	18	be paid to the member's parent if certain conditions 5
19	19	exist; declaring that the act fulfills an important 6
20	20	state interest; providing an effective date. 7
21	21	8
22	22	Be It Enacted by the Legislature of the State of Florida: 9
23	23	10
24	24	Section 1. Paragraphs (d) and (i) of subs ection (7) of 11
25	25	section 121.091, Florida Statutes, are amended to read: 12
26	26	121.091 Benefits payable under the system. —Benefits may 13
27	27	not be paid under this section unless the member has terminated 14
28	28	employment as provided in s. 121.021(39)(a) or begun 15
29	29	participation in the Deferred Retirement Option Program as 16
30	30	provided in subsection (13), and a proper application has been 17
31	31	filed in the manner prescribed by the department. The department 18
32	32	may cancel an application for retirement benefits when the 19
33	33	member or beneficiary fails to timely provide the information 20
34	34	and documents required by this chapter and the department's 21
35	35	rules. The department shall adopt rules establishing procedures 22
36	36	for application for retirement benefits and for the cancellation 23
37	37	of such application when t he required information or documents 24
38	38	are not received. 25
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40	40	HB 1311 2023
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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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51	51	(7) DEATH BENEFITS. — 26
52	52	(d) Notwithstanding any other provision in this chapter to 27
53	53	the contrary, with the exception of the Deferred Retirement 28
54	54	Option Program, as provided in subsection (13): 29
55	55	1. The surviving spouse of any member killed in the line 30
56	56	of duty may receive a monthly pension equal to one -half of the 31
57	57	monthly salary being received by the member at the time of death 32
58	58	for the rest of the surviving spouse's lifetime or, if the 33
59	59	member was vested, such surviving spouse may elect to receive a 34
60	60	benefit as provided in paragraph (b). Benefits provided by this 35
61	61	paragraph shall supersede any other distribution that may have 36
62	62	been provided by the member's designation of beneficiary. 37
63	63	2. If the surviving spou se of a member killed in the line 38
64	64	of duty dies, the monthly payments that would have been payable 39
65	65	to such surviving spouse had such surviving spouse lived shall 40
66	66	be paid for the use and benefit of such member's child or 41
67	67	children under 18 years of age and un married until the 18th 42
68	68	birthday of the member's youngest child. Beginning July 1, 2016, 43
69	69	such payments may be extended, for the surviving child of a 44
70	70	member in the Special Risk Class at the time he or she was 45
71	71	killed in the line of duty on or after July 1, 20 13, until the 46
72	72	25th birthday of any child of the member if the child is 47
73	73	unmarried and enrolled as a full -time student. Beginning July 1, 48
74	74	2017, such payments may be extended, for the surviving child of 49
75	75	a member in the Special Risk Class at the time he or she was 50
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77	77	HB 1311 2023
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82	82	hb1311-00
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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	killed in the line of duty on or after July 1, 2002, until the 51
89	89	25th birthday of any child of the member if the child is 52
90	90	unmarried and enrolled as a full -time student. 53
91	91	3. If a member killed in the line of duty leaves no 54
92	92	surviving spouse but is surviv ed by a child or children under 18 55
93	93	years of age, the benefits provided by subparagraph 1., normally 56
94	94	payable to a surviving spouse, shall be paid for the use and 57
95	95	benefit of such member's child or children under 18 years of age 58
96	96	and unmarried until the 18th b irthday of the member's youngest 59
97	97	child. Beginning July 1, 2016, such monthly payments may be 60
98	98	extended, for the surviving child of a member in the Special 61
99	99	Risk Class at the time he or she was killed in the line of duty 62
100	100	on or after July 1, 2013, until the 25 th birthday of any child 63
101	101	of the member if the child is unmarried and enrolled as a full -64
102	102	time student. Beginning July 1, 2017, such monthly payments may 65
103	103	be extended, for the surviving child of a member in the Special 66
104	104	Risk Class at the time he or she was kil led in the line of duty 67
105	105	on or after July 1, 2002, until the 25th birthday of any child 68
106	106	of the member if the child is unmarried and enrolled as a full -69
107	107	time student. 70
108	108	4. The surviving spouse of a member whose benefit 71
109	109	terminated because of remarriage shall h ave the benefit 72
110	110	reinstated beginning July 1, 1993, at an amount that would have 73
111	111	been payable had the benefit not been terminated. 74
112	112	5. Beginning July 1, 2023, if a member killed in the line 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	of duty leaves no surviving spouse and leaves no unmarried child 76
126	126	or children under 18 years of age, or under 25 years of age if 77
127	127	the child is unmarried and enrolled as a full -time student, the 78
128	128	benefits provided pursuant to subparagraph 1. must be paid for 79
129	129	the use and benefit of such member's surviving parent or parents 80
130	130	in equal shares until the death of both parents or for 10 years, 81
131	131	whichever occurs first. For the purposes of this subparagraph, 82
132	132	the term "parent" means a member's biological or adoptive 83
133	133	parent. 84
134	134	(i) Notwithstanding any provision in this chapter to the 85
135	135	contrary, if a member in the Special Risk Class, other than a 86
136	136	participant in the Deferred Retirement Option Program under 87
137	137	subsection (13), is killed in the line of duty on or after July 88
138	138	1, 2002, the following benefits are payable in addition to the 89
139	139	benefits provided in paragraph (d): 90
140	140	1. The surviving spouse may receive a monthly pension 91
141	141	equal to one-half of the monthly salary being received by the 92
142	142	member at the time of the member's death for the rest of the 93
143	143	surviving spouse's lifetime or, if the member was ves ted, such 94
144	144	surviving spouse may elect to receive a benefit as provided in 95
145	145	paragraph (b). Benefits provided by this paragraph supersede any 96
146	146	other distribution that may have been provided by the member's 97
147	147	designation of beneficiary. 98
148	148	2. If the surviving spous e dies, the monthly payments that 99
149	149	otherwise would have been payable to such surviving spouse shall 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	be paid for the use and benefit of the member's child or 101
163	163	children under 18 years of age and unmarried until the 18th 102
164	164	birthday of the member's youngest child. Such monthly payments 103
165	165	may be extended until the 25th birthday of the member's child if 104
166	166	the child is unmarried and enrolled as a full -time student. 105
167	167	3. If the member leaves no surviving spouse but is 106
168	168	survived by a child or children under 18 years of age, the 107
169	169	benefits provided by subparagraph 1., normally payable to a 108
170	170	surviving spouse, shall be paid for the use and benefit of such 109
171	171	member's child or children under 18 years of age and unmarried 110
172	172	until the 18th birthday of the member's youngest child. Such 111
173	173	monthly payments may be extended until the 25th birthday of any 112
174	174	of the member's children if the child is unmarried and enrolled 113
175	175	as a full-time student. 114
176	176	4. Beginning July 1, 2023, if a member killed in the line 115
177	177	of duty leaves no surviving spouse and leaves no unmarried child 116
178	178	or children under 18 years of age, or under 25 years of age if 117
179	179	the child is unmarried and enrolled as a full -time student, the 118
180	180	benefits provided pursuant to subparagraph 1. must be paid for 119
181	181	the use and benefit of such member's surviving pa rent or parents 120
182	182	in equal shares until the death of both parents or for 10 years, 121
183	183	whichever occurs first. For purposes of this subparagraph, the 122
184	184	term "parent" means a member's biological or adoptive parent. 123
185	185	Section 2. The Legislature finds that a proper and 124
186	186	legitimate state purpose is served when employees and retirees 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	of the state and of its political subdivisions, and the 126
200	200	dependents, survivors, and beneficiaries of such employees and 127
201	201	retirees, are extended the basic protections afforded by 128
202	202	governmental retirement systems that provide fair and adequate 129
203	203	benefits that are managed, administered, and funded in an 130
204	204	actuarially sound manner, as required by s. 14, Article X of the 131
205	205	State Constitution and part VII of chapter 112, Florida 132
206	206	Statutes. Therefore, the L egislature determines and declares 133
207	207	that this act fulfills an important state interest. 134
208	208	Section 3. This act shall take effect July 1, 2023. 135