Florida Senate - 2023 SB 1156 By Senator Burton 12-01035A-23 20231156__ 1 A bill to be entitled 2 An act relating to the Florida Retirement System; 3 amending s. 121.021, F.S.; revising the definition of 4 the term termination; defining the term volunteer 5 services; amending s. 121.091, F.S.; requiring the 6 Division of Retirement to adopt rules for the 7 provision of volunteer services by retirees; 8 authorizing employers to establish volunteer programs; 9 conforming a provision to changes made by the act; 10 providing an effective date. 11 12 Be It Enacted by the Legislature of the State of Florida: 13 14 Section 1.Subsection (39) of section 121.021, Florida 15 Statutes, is amended, and subsection (65) is added to that 16 section, to read: 17 121.021Definitions.The following words and phrases as 18 used in this chapter have the respective meanings set forth 19 unless a different meaning is plainly required by the context: 20 (39)(a)Termination occurs, except as provided in 21 paragraphs paragraph (b) and (c), when a member ceases all 22 employment relationships with, and ceases providing services to, 23 all participating employers, however: 24 1.For retirements effective before July 1, 2010, if a 25 member is employed by, or provides services to, any such 26 employer within the next calendar month, termination shall be 27 deemed not to have occurred. A leave of absence constitutes a 28 continuation of the employment relationship, except that a leave 29 of absence without pay due to disability may constitute 30 termination if such member makes application for and is approved 31 for disability retirement in accordance with s. 121.091(4). The 32 department or state board may require other evidence of 33 termination as it deems necessary. 34 2.For retirements effective on or after July 1, 2010, if a 35 member is employed by, or provides services to, any such 36 employer within the next 6 calendar months, termination shall be 37 deemed not to have occurred. A leave of absence constitutes a 38 continuation of the employment relationship, except that a leave 39 of absence without pay due to disability may constitute 40 termination if such member makes application for and is approved 41 for disability retirement in accordance with s. 121.091(4). The 42 department or state board may require other evidence of 43 termination as it deems necessary. 44 (b)Termination for a member ending participation 45 electing to participate in the Deferred Retirement Option 46 Program occurs when the program participant ceases all 47 employment relationships with, and ceases providing services to, 48 all participating employers in accordance with s. 121.091(13), 49 however: 50 1.For termination dates occurring before July 1, 2010, if 51 a the member is employed by, or provides services to, any such 52 employer within the next calendar month, termination shall will 53 be deemed not to have occurred, except as provided in s. 54 121.091(13)(b)4.c. A leave of absence constitutes shall 55 constitute a continuation of the employment relationship. 56 2.For termination dates occurring on or after July 1, 57 2010, if a the member becomes employed by, or provides services 58 to, any such employer within the next 6 calendar months, 59 termination shall will be deemed not to have occurred, except as 60 provided in s. 121.091(13)(b)4.c. A leave of absence constitutes 61 a continuation of the employment relationship. 62 (c)Effective July 1, 2011, termination for a member 63 receiving a refund of employee contributions occurs when a 64 member ceases all employment relationships with, and ceases 65 providing services to, all participating employers for 3 66 calendar months. A leave of absence constitutes a continuation 67 of the employment relationship. 68 69 All terminations must be a termination of employment as defined 70 in 26 C.F.R. s. 1.409A-1(h)(1)(ii). Volunteer services do not 71 constitute employment by, or provision of services to, an 72 employer. The department or state board may require any evidence 73 of termination necessary to determine compliance with this 74 chapter or the rules adopted thereunder. 75 (65)Volunteer services means services provided in 76 accordance with any rules adopted under s. 121.091(15). 77 Section 2.Paragraph (c) of subsection (4) of section 78 121.091, Florida Statutes, is amended, and subsection (15) is 79 added to that section, to read: 80 121.091Benefits payable under the system.Benefits may not 81 be paid under this section unless the member has terminated 82 employment as provided in s. 121.021(39)(a) or begun 83 participation in the Deferred Retirement Option Program as 84 provided in subsection (13), and a proper application has been 85 filed in the manner prescribed by the department. The department 86 may cancel an application for retirement benefits when the 87 member or beneficiary fails to timely provide the information 88 and documents required by this chapter and the departments 89 rules. The department shall adopt rules establishing procedures 90 for application for retirement benefits and for the cancellation 91 of such application when the required information or documents 92 are not received. 93 (4)DISABILITY RETIREMENT BENEFIT. 94 (c)Proof of disability.The administrator, before 95 approving payment of any disability retirement benefit, shall 96 require proof that the member is totally and permanently 97 disabled as provided herein: 98 1.Such proof shall include the certification of the 99 members total and permanent disability by two licensed 100 physicians of the state and such other evidence of disability as 101 the administrator may require, including reports from vocational 102 rehabilitation, evaluation, or testing specialists who have 103 evaluated the applicant for employment. A member whose position 104 with an employer requires that the member work full time outside 105 this state in the United States may include certification by two 106 licensed physicians of the state where the member works. A 107 member who is receiving care at a federal Veterans Health 108 Administration facility may include certification by two 109 licensed physicians working at the facility. 110 2.It must be documented that: 111 a.The members medical condition occurred or became 112 symptomatic during the time the member was employed in an 113 employee/employer relationship with his or her employer; 114 b.The member was totally and permanently disabled at the 115 time he or she terminated covered employment; and 116 c.The member has not been employed with, or provided any 117 services to, any other employer after such termination. 118 3.If the application is for in-line-of-duty disability, in 119 addition to the requirements of subparagraph 2., it must be 120 documented by competent medical evidence that the disability was 121 caused by a job-related illness or accident which occurred while 122 the member was in an employee/employer relationship with his or 123 her employer. 124 4.The unavailability of an employment position that the 125 member is physically and mentally capable of performing will not 126 be considered as proof of total and permanent disability. 127 (15)VOLUNTEER SERVICES.The division shall adopt rules 128 establishing criteria for volunteer services that retirees may 129 provide to an employer while still being deemed to have a 130 termination as defined in s. 121.021(39). Employers may 131 establish volunteer programs in accordance with these rules. 132 Section 3.This act shall take effect July 1, 2023.