Senate Bill 936 (2020) — Disability retirement benefits
SB 936
Florida Bills
Florida Senate - 2020 SB By Senator Gainer 2-01359-20 2020936__ CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled
An act relating to disability retirement benefits; 2 amending s. 121.091, F.S.; allowing members receiving care at federal Veterans Health Administration facilities to use certification by a specified number of physicians working at such facilities as proof of total and permanent disability for purposes of establishing eligibility for benefits; providing an effective date. 9
Be It Enacted by the Legislature of the State of Florida: 11
Section 1. Paragraph
(
c) of subsection (4) of
section 13 121.091, Florida Statutes, is amended to read: 14 121.091 Benefits payable under the system.—Benefits may not be paid under this
section unless the member has terminated employment as provided in s. 121.021(39)(
a) or begun participation in the Deferred Retirement Option Program as provided in subsection (13), and a proper application has been filed in the manner prescribed by the department. The department may cancel an application for retirement benefits when the member or beneficiary fails to timely provide the information and documents required by this
chapter and the department’s rules. The department shall adopt rules establishing procedures for application for retirement benefits and for the cancellation of such application when the required information or documents are not received. 27
(4) DISABILITY RETIREMENT BENEFIT.— 28
(
c) Proof of disability.—The administrator, before Florida Senate - 2020 SB 936 2-01359-20 2020936__ CODING: Words stricken are deletions; words underlined are additions. approving payment of any disability retirement benefit, shall require proof that the member is totally and permanently disabled as provided herein: 32 1.
Such proof shall include the certification of the member’s total and permanent disability by two licensed physicians of the state and such other evidence of disability as the administrator may require, including reports from vocational rehabilitation, evaluation, or testing specialists who have evaluated the applicant for employment. A member whose position with an employer requires that the member work full time outside this state in the United States may include certification by two licensed physicians of the state where the member works.
A member who is receiving care at a federal Veterans Health Administration facility may include certification by two licensed physicians working at the facility. 44 2. It must be documented that: 45 a. The member’s medical condition occurred or became symptomatic during the time the member was employed in an employee/employer relationship with his or her employer; 48 b. The member was totally and permanently disabled at the time he or she terminated covered employment; and c. The member has not been employed with any other employer after such termination. 52 3.
If the application is for in-line-of-duty disability, in addition to the requirements of subparagraph 2., it must be documented by competent medical evidence that the disability was caused by a job-related illness or accident which occurred while the member was in an employee/employer relationship with his or her employer. 58 Florida Senate - 2020 SB 936 2-01359-20 2020936__ CODING: Words stricken are deletions; words underlined are additions. 4.
The unavailability of an employment position that the member is physically and mentally capable of performing will not be considered as proof of total and permanent disability. 61