F.S.1979 FLORIDA RETIREMENT SYSTEM Ch. 121

Transcription

1 F.S.1979 FLORIDA RETIREMENT SYSTEM Ch. 121 (7) The administrator shall make such rules and regulations as are necessary for the effective and efficient administration of the Elected State Officers' Class. (8) There is hereby annually appropriated from the General Revenue Fund and the system trust fund sufficient amounts to make such payments as are provided by this section. History.-ss. 2, 4, ch ; s. 1, ch ; s. 1, ch ; s. 1, ch ; s. 1, ch ; s. 1, ch ; s. 1, ch ; s. 4, ch ; s. 26, ch ; s. 2, ch ; s. 2, ch 'Note.-The deletion by chapter of the words, "public defender," from paragraphs (1)(a) and (b), thereby eliminating the provisions for participation by public defenders in the Elected State Officers' Class under this section, may have been inadvertent, for the words, "public defender," were not also deleted from paragraph (4)(b), which continues to provide for contributions to be made by public defenders and their employers for such participation Optional participation in the Elected State Officers' Class for retired members of any existing system.- (1) Any member who retires under any existing system as defined in s (2), and who receives a benefit thereof, and who serves in an office covered by the Elected State Officers' Class for a period of at least 8 years, shall be entitled to receive an additional retirement benefit, any law to the contrary notwithstanding, under the Elected State Officers' Class of the Florida Retirement System, as follows: (a) Such member shall notify the administrator of his intent to purchase 8 or more years of creditable service under the Elected State Officers' Class, s , and shall pay 8 percent of all salary received in the period being claimed, plus 4 percent interest compounded annually from first year of service claimed until July 1, 1975, and 6.5 percent interest compounded annually thereafter, until full payment is made to the Florida Retirement Trust Fund; however, such member may purchase retirement credit under the Elected State Officers' Class only for such service as an Elected State Officer. (b) The above amount shall be matched by the employer and paid into the Florida Retirement Trust Fund. (2) Upon attaining his normal retirement date and payment of the amount specified in paragraphs (a) and (b), and upon application to the administrator of his intent to retire, the member shall receive a monthly benefit under this section, in addition to any benefits already being received, which shall commence on the last day of the month of retirement and be payable on the last day of the month thereafter during his lifetime. The amount of such monthly benefit shall be the total percentage of retirement credit purchased under this section multiplied by the member's average monthly compensation as an elected state officer, adjusted according to the option selected at retirement under s (6). History.-s. 4, ch Retirees precluded from joining other systems.-any member who retires under chapter 121 shall be prohibited from joining any other state or local government supported retirement system in Florida. No city, county, subdivision, or taxing district of the State of Florida can require as a 551 condition of employment that the employee join or participate in any pension or retirement plan or program if said employee is eligible for, or is receiving, benefits under chapter 121. History.-s. 3, ch Funding.- (1) Commencing December 1, 1970, all employers withholding contributions required of members under this chapter for purposes of providing retirement benefits and social security benefits to or on behalf of such members shall budget, set aside, and pay over to the administrator, for deposit into the proper retirement and social security trust funds, matching payments for retirement and social security contributions as required by this chapter. (2)(a) Should any employer other than a state employer fail to make the retirement and social security contributions, both member and employer contributions, required by this chapter, then, upon request by the administrator, the Department of Revenue or the Department of Banking and Finance, as the case may be, shall deduct the amount owed by the employer from any funds to be distributed by it to the county, city, special district, or consolidated form of government. The amounts so deducted shall be transferred to the administrator for further distribution to the trust funds in accordance with this chapter. (b) Should any employer for whom the city or county tax collector collects taxes, fail to make the retirement and social security contributions required by this chapter, the tax collector, at the request ofthe administrator and upon receipt of a certificate from the administrator showing the amount owed by the employer, shall deduct the amount so certified from any taxes collected for the employer and remit the amount to the administrator for further distribution to the trust funds in accordance with this chapter. (c) The governing body of each county, city, special district, or consolidated form of government participating under this chapter or the administrator, acting individually or jointly, is hereby authorized to file and maintain an action in the courts of the state to require any employer to remit any retirement or social security member contributions or employer matching payments due the retirement or social security trust funds under the provisions of this chapter. (d) Should the income of any constitutional fee officer, in any year, be insufficient to make the matching payments required by this chapter, the board of county commissioners shall provide such fee officer sufficient funds to make these required payments when due. (3) The appropriations provided each state agency, beginning with the fiscal year and each fiscal year thereafter, shall include sufficient amounts to pay the matching contributions for social security and retirement as required by this chapter. No state agency, whether its funds are provided by state appropriations or otherwise, shall employ any person or maintain any person on its payroll unless it has allotted for such person sufficient funds to meet these required payments. Should a state agency fail to make such payments, the administrator

2 Ch. 121 FLORIDA RETIREMENT SYSTEM F.S.1979 shall report same to the Governor and certify the amount due the system trust funds to the Executive Office of the Governor. If arrangements cannot be made for the state agency to pay said amount due; then the amount due is hereby appropriated and shall be paid from the General Revenue Fund of the state. History.-s. 6, ch ; s. 1, ch ; s. 2, ch ; s. 88, ch cf.-s Membership class of certain elected state officers. part thereof that said contributions are delinquent. Delinquent social security contributions shall be assessed a delinquent fee as authorized by s (4). History.-s. 7, ch ; ss. 4, 13, ch ; s. 1, ch ; s. 2, ch ; s. 5, ch cf.-s Membership class of certain elected state officers Past service; prior service; contributions.-conditions under which past service or prior service may be claimed and credited are: Contributions.-Contributions to the (1)(a) Past service, as defined in s (18), system shall be made as follows: may be claimed as creditable service by officers or (1) Until January 1, 1975, regular members shall employees of a city or special district that become a contribute each pay period at the rate of 4 percent covered group under this system. The governing of gross compensation and special risk members body of a covered group in compliance with s. shall contribute each pay period at the rate of (2)(b) may elect to provide benefits with repercent of gross compensation. Effective January 1, spect to past service earned prior to January 1, 1975, 1975, regular members and special risk members in accordance with this chapter, and the cost for said shall make no contribution to the system. past service shall be established by applying the fol- (2) Until January 1, 1975, each employer shall lowing formula: The member contribution for both contribute an amount equal.to the total of its mem- regular and special risk members shall be 4 percent her contributions, made under subsection (1), each of the gross annual salary for each year of past serpay period. Effective January 1, 1975, and until Oc- vice claimed, plus 4 percent employer matching contober 1, 1978, each employer shall contribute 9 per- tribution, plus 4 percent interest thereon compoundcent of gross compensation each pay period for each ed annually, figured on each year of past service, of its regular members, and 13 percent of gross com- with interest compounded from date of annual salapensation each pay period for each of its special risk ry earned until July 1, 1975, and 6.5 percent interest members. Effective October 1, 1978, each employer compounded annually thereafter until date of payshall contribute 9.10 percent of gross compensation ment. Once the total cost for a member has been each pay period for each of its regular members, and figured to date, then after July 1, 1975, 6.5 percent percent of gross compensation each pay period compounded interest shall be added each June 30 for each of its special risk members. thereafter on any unpaid balance until the cost of (3)(a) Effective January 1, 1975, each employer said past service liability is paid in full. The followshall accomplish the increased contribution re- ing formula shall be used in calculating past service quired by subsection (2) by a procedure in which no earned prior to January 1, 1975: (Annual gross salaemployee's gross salary shall be reduced. ry multiplied by 8 percent) multiplied by the 4 or 6;5 (b) Upon termination of employment for any rea- percent compound interest table factor, as may be son other than retirement, a member shall be enti- applicable. The resulting product equals cost to date tled to a full refund of the contributions he has made for each particular year of past service. prior or subsequent to his participation in the non- (b) Past service earned after January 1, 1975, contributory plan, subject to the restrictions other- may be claimed by officers or employees of a city or wise provided in this chapter. special district that become a covered group under (4) Contributions for social security by each this system. The governing body of a covered group member and each employer, in the amount required may elect to provide benefits with respect to past for social security coverage as now or hereafter pro- service earned after January 1, 1975, in accordance vided by the Federal Social Security Act, shall be in with this chapter, and the cost for said past service addition to contributions specified in subsections (2) shall be established by applying the following formuand (3). la: The employer shall contribute 9 percent of the (5) Contributions made in accordance with sub- employee's gross salary for each year of past service sections (2), (3), and (4) shall be paid by the employer claimed, plus 6.5 percent interest thereon, cominto the system trust funds in accordance with rules pounded annually, figured on each year of past serpromulgated by the administrator pursuant to chap- vice, with interest compounded from date of annual ter 120. Such contributions are due and payable no salary earned until date of payment. later than the 25th day of the month immediately (c) Should the employer not elect to provide past following the month during which the payroll period service for the member, then the member may claim ended. The division may by rule establish a different and pay same, based on paragraphs (a) and (b). due date, which shall supersede the date specified (d) Employment prior to January 1, 1968 in the herein; however, said date shall not be established Cuban Refugee Assistance Program administered by earlier than the 20th day of the month immediately the Florida State Department of Public Welfare or following the month during which the payroll period the Florida State Board of Health shall be deemed to ended. Contributions received in the offices of the be included in "past service" as defined in s. Division of Retirement of the Department of Admin (18), for the purposes of the Florida Retireistration after said date shall be considered delin- ment System, any other provisions of law notwithquent, and, in the case of retirement contributions standing and regardless of the fund from which such due under subsections (2) and (3), each employer employment was paid. If credit for such service has shall be assessed a delinquent fee of 0.5 percent of not been granted under any other state or federal the contributions due for each calendar month or system, any member of the Florida Retirement Sys- 552

3 F.S.1979 FLORIDA RETIREMENT SYSTEM Ch tern or any system consolidated therein shall be entitled to receive past service credit for his period of employment in the Cuban Refugee Assistance Program prior to January 1, 1968, in the manner provided in this subsection. However, in no event will eligibility for "past service" be established unless required contributions are paid into the Florida Retirement System for such period of "past service" and such contributions are not paid from general revenue funds of the state. (e) Past service, as defined in s (18), may be claimed as creditable service by a member of the Florida Retirement System who formerly was an officer or employee of a city or special district, notwithstanding the status or form of the retirement system, if any, of said city or special district and irrespective of whether officers or employees of said city or special district now or hereafter become a covered group under the Florida Retirement System. Such member may claim creditable service and be entitled to the benefits accruing to the regular class of members as provided for the past service claimed under this paragraph by paying into the retirement trust fund an amount equal to the total actuarial cost of providing the additional benefit resulting from such past service credit, discounted by the applicable actuarial factors to date of retirement. (f) Whenever any employee of a governmental entity who is participating in a local retirement system of the governmental entity becomes eligible to participate in the Florida Retirement System by virtue of the consolidation or merger of governments or the transfer of functions between units of government, either at the state or local level or between state and local units of government, in which the resulting unit of government becomes or remains an employer as defined in this chapter, said employee shall elect either to continue to participate in the local retirement system or to become a member of the Florida Retirement System. Should any employee elect to continue to participate in the local retirement system, his employer shall make contributions to the local retirement system at the required rates, but in no event shall the rate of contributions made by the employer to the local retirement system exceed the combined rate of retirement contributions and social security contributions paid by the employer to the Florida Retirement System on behalf of an employee who is a regular member of the Florida Retirement System. (g) When any person, either prior to this act or hereafter, becomes entitled to and does participate in one ofthe retirement systems consolidated within or created by this chapter through the consolidation or merger of governments or the transfer of functions between units of government, either at the state or local level or between state and local units, or through the assumption of functions or activities by a state or local unit from an employing entity which was not an employer under the system, and such. person becomes a member of the Florida Retirement System, such person shall be entitled to receive "past service" credit as defined in s (18) for the time such person performed services for, and was an employee of, said state or local unit or other employing entity prior to the transfer, merger, consolidation, or assumption of functions and activities. Past service credit allowed by this paragraph shall also be available to those persons who became members of an existing system (as defined ins [2]) prior to December 1, 1970, through the transfer, merger, consolidation, or assumption of functions and activities set forth in this paragraph and who subsequently become members of the Florida Retirement System. However, in no event will credit for the past service be granted until contributions are made in the manner provided in this subsection. Such contributions and accrued interest shall not be paid from any state funds. (h) Any person who was enrolled on May 15, 1976, in a state retirement system administered under this chapter and who was, on that date, ari officer or employee of a consolidated government which by virtue of its charter had elected status as a municipality for purposes of state retirement systems administered under this chapter and who had not withdrawn his contributions shall be deemed to have become a member of that system as of the date he began to participate therein, whether employed by the consolidated government or a preceding interim government on that date, and shall be entitled to retain his membership in that system so long as he continues to be an officer or employee of the consolidated government, regardless of the fact that the consolidated government and interim government were not "employers" as defined in s (10). Any person who was enrolled before May 15, 1976, in a state retirement system administered under this chapter and who was, during the period of enrollment, an officer or employee of a consolidated government which by virtue of its charter had elected status as a municipality for purposes of state retirement systems administered under this chapter, who terminated employment with the consolidated government, and who had not withdrawn his contributions shall be deemed to have been a member of the retirement system in which he was enrolled during the period of such enrollment and employment by that consolidated government and during any period of enrollment and employment by any interim government which performed the functions of the consolidated government prior to its creation, regardless of the fact that the consolidated government and interim government were not "employers" as defined in s (10). However, in no event shall credit be granted for service rendered in such employment prior to May 15, 1976, unless the contributions required for such credit were paid prior to May 15, (i) Notwithstanding any of the provisions of this subsection, no past service credit may be purchased under this chapter for any service which is used to obtain a benefit from any local retirement system. (j) An employee of a state agency who was a member of a state-administered retirement system and who was granted educational leave with pay pursuant to a written educational leave-with-pay policy may claim such period of educational leave as past service subject to the following conditions: 1. The educational leave must have occurred prior to December 31, 1971; 2. The member must have completed at least 10

4 Ch. 121 FLORIDA RETIREMENT SYSTEM F.S.1979 years of creditable service excluding the period of the educational leave; 3. The employee must have returned to employment with a state agency employer who participated in the retirement system, which return was immediately upon termination of the educational leave, and must have remained on the employer's payroll for at least 30 calendar days following his return to employment; 4. The employee must be a member of the Florida Retirement System at the time he claims such service; 5. Not more than 24 months of creditable service may be claimed for such period of educational leave with pay; 6. The service shall not be claimed under any other state or federal retirement system; and 7. The member shall pay to the retirement trust fund for claiming such past service credit an amount equal to 8 percent of his gross annual salary immediately prior to the educational leave with pay for each year of past service claimed, plus 4 percent interest thereon compounded annually each June 30 from first year of service claimed until July 1, 1975, and 6.5 percent interest thereafter on the unpaid balance compounded annually each June 30 until paid. (2) Prior service, as defined ins (19), may be claimed as creditable service under the Florida Retirement System after a member has been reemployed for 12 continuous months. The member shall not be permitted to make any contributions for prior service until after the 12-month period. The required contributions for claiming the various types of prior service are: (a) For prior service performed prior to the date the system becomes noncontributory for the member and for which the member had credit under one of the existing retirement systems and received a refund of contributions upon termination of employment, the member shall contribute 4 percent of all salary received during the period being claimed, plus 4 percent interest compounded annually from date of refund until July 1, 1975, and 6.5 percent interest compounded annually thereafter, until full payment is made to the Retirement Trust Fund. (b) For prior service performed prior to the date the system becomes noncontributory for the member and for which the member had credit under the Florida Retirement System and received a refund of contributions upon termination of employment, the member shall contribute at the rate that was required of him during the period of service being claimed, on all salary received during such period, plus 4 percent interest compounded annually from date of refund until July 1, 1975, and 6.5 percent interest compounded annually thereafter, until the full payment is made to the Retirement Trust Fund. (c) For service performed after the Florida Retirement System becomes noncontributory for the member, and for which the member had credit under the Florida Retirement System at date of termination of employment, the member shall not be required to make any contributions in order to receive prior service credit, but such credit shall not be granted until the member has been reemployed for 12 continuous months. 554 (d) For prior service as defined in s (19)(b) and (c) during which no contributions were made because the member did not participate in a retirement system, the member shall contribute 9 percent of all salary received during such period or 9 percent of $100 per month during such period, whichever is greater, plus 4 percent interest compounded annually from the first year of service claimed until July 1, 1975, and 6.5 percent interest compounded annually thereafter, until full payment is made to the Retirement Trust Fund. History.-s. 8, ch ; s. 27, ch ; s. 1, ch ; s. 1, ch ; s. 5, ch ; s. 1, ch ; s. 2, ch ; s. 3, ch ; s. 5, ch Benefits payable under the system. (1) NORMAL RETIREMENT BENEFIT.-Upon attaining his normal retirement date, the member, upon application to the administrator, shall receive a monthly benefit which shall commence on the last day of the month of retirement and be payable on the last day of each month thereafter during his lifetime. The amount of monthly benefit shall be determined as the product of A and B, subject to the adjustment of C, if applicable, when: (a) A is 1.60 percent of his average monthly compensation, up to his normal retirement age. The first year after his normal retirement age, A is 1.63 percent of his average monthly compensation. The second year after his normal retirement age, A is 1.65 percent of his average monthly compensation. The third year after his normal retirement age, A is 1.68 percent of his average monthly compensation. A shall not exceed 1.68 percent of his average monthly compensation, except that for all creditable years of special risk service, A is 2 percent of his average monthly compensation for all creditable years prior to October 1, 1974, for which additional retirement credit has not been purchased, and 3 percent of his average monthly compensation until October 1, 1978, when all years of creditable service thereafter as a special risk member shall be worth 2 percent of his average monthly compensation; however, the normal retirement benefit, including any past or additional retirement credit, may not exceed 100 percent of the average final compensation. (b) B is the number of his years and any fractional part of a year of creditable service earned subsequent to November 30, 1970, and (c) C is the normal retirement benefit credit brought forward as of November 30, 1970, by a former member of an existing system. Such normal retirement benefit credit shall be determined as the product of A and B when A is the percentage of average final compensation which the member would have been eligible to receive ifhe had attained his normal retirement date as of November 30, 1970, all in accordance with the existing system under which the member is covered on November 30, 1970, and B is average monthly compensation as defined in s (25). However, any member of an existing retirement system who is eligible to retire and who does retire, become disabled, or die prior to April 15, 1971, may have his retirement benefits calculated on the basis of the best 5 of the last 10 years of service. (2) BENEFITS PAYABLE FOR DUAL NOR MAL RETIREMENT AGES.-In the event a mem-

5 F.S.1979 FLORIDA RETIREMENT SYSTEM Ch. 121 her shall accumulate retirement benefits to com- percent of his average monthly compensation as of mence at different normal retirement ages by virtue his disability retirement date; or of his having performed duties for an employer 2. If the member's disability occurred other than which would entitle him to benefits as both a regular in the line of duty, his monthly benefit shall not be member and special risk member, the amount of less than 25 percent of his average monthly com penbenefits payable shall be computed separately with sation as of his disability retirement date. The minirespect to each such age and the sum of such com put- mum monthly benefit allowed in this subparagraph ed amounts shall be paid as provided in this section. shall not apply to an officer or employee who has (3) EARLY RETIREMENT BENEFIT.-Upon attained normal retirement age. retirement on his early retirement date, the member (e) Recovery from disability.-the administrator shall receive an immediate monthly benefit which may require periodic reexaminations at the expense shall commence the last day of the month of his of the retirement fund, and: retirement date and be payable on the last day of 1. If the administrator finds that a member who each month thereafter during his lifetime. The is receiving disability benefits is, at any time prior to amount of each monthly payment shall be computed his normal retirement date, no longer disabled, the in the same manner as for a normal retirement bene- administrator shall direct that the benefits be disfit, in accordance with subsection (1) of this section, continued. The decision of the administrator on this but based on average monthly compensation and question shall be final and binding. creditable service as of the member's early retire- 2. If the member, described in subparagraph 1., ment date, and the benefit so computed shall be re- who recovers from such disability prior to his normal duced by five-twelfths of 1 percent for each complete retirement date does not reenter the employ of an month by which the early retirement precedes his employer and had not completed 10 years of creditanormal retirement date. ble service as of his disability retirement date, he (4) DISABILITY RETIREMENT BENEFIT.- shall be entitled to the excess, if any, of his accumu- (a) Disability retirement date.-a member who lated contributions over the total disability benefits becomes totally and permanently disabled, as de- received up to his date of recovery. fined in paragraph (b), after completing 5 years of 3. If the member, described in subparagraph 1., creditable service, or a member who becomes totally who recovers from such disability prior to his normal and permanently disabled in line of duty regardless retirement date does not reenter the employ of an of service, shall be entitled to a monthly disability employer but had completed 10 or more years of benefit. The disability retirement date for such creditable service as of his disability retirement member shall be the first day of the month which date, he may elect to receive: coincides with or next follows the date the adminis- a. The excess, if any, of his accumulated contritrator approves payment of disability retirement butions over the total disability benefits received up benefits. to his date of recovery, or. (b) Total and permanent disability.-a member b. A deferred benefit commencing on the last day shall be considered totally and permanently disabled of the month of his normal retirement date which if, in the opinion of the administrator, he is prevent- shall be payable on the last day of the month thereafed, by reason of a medically determinable physical or ter during his lifetime. The amount of such monthly mental impairment, from rendering useful and effi- benefit shall be computed in the same manner as for cient service as an officer or employee. The decision a normal retirement benefit, in accordance with subof the administrator on these questions shall be final section (1) of this section, but based on average and binding. monthly compensation and creditable service as of (c) Proof of disability.-the administrator, be- the member's disability retirement date. fore approving payment of any disability retirement 4. If the member recovers from disability and benefit, shall require proof that the member is total- reenters employment of an employer within 6 ly and permanently disabled as provided herein, months after his recovery, his service will be deemed which proof shall include the certification of the to have been continuous, but the period beginning member's total and permanent disability by two li- with the first month for which he received a disabilicensed physicians of the state and such other evi- ty benefit payment and ending with the date he dence of disability as the administrator may require. reentered employment will not be considered as (d) Disability retirement benefit.-a member, creditable service for the purpose of computing beneupon retirement on his disability retirement date, fits. The term "accumulated contributions" for such shall receive a monthly benefit which shall com- member wherever used in this section after such mence on the last day of the month of his disability recovery shall mean the excess of a member's accuretirement and shall be payable on the last day of mulated contributions as of his disability retirement each month thereafter during his lifetime and con- date over total disability benefits received under tinued disability. The amount of each monthly pay- paragraph (d). ment shall be computed in the same manner as for (f) Nonadmissible causes of disability.-a merna normal retirement benefit, in accordance with sub- her shall not be entitled to receive any disability section (1) of this section, but based on the member's retirement benefit if his disability is a result of any average monthly compensation and creditable ser- of the following: vice as of his disability retirement date, subject to 1. Injury or disease sustained by the member the following conditions: while willfully participating in a riot, civil insurrec- 1. If the member's disability occurred in the line tion, or other act of violence or while committing a of duty, his monthly benefit shall not be less than 42 felony; 555

6 Ch. 121 FLORIDA RETIREMENT SYSTEM F.S Injury or disease sustained by the member after his employment has terminated; or 3. Intentional, self-inflicted injury. (g) Disability retirement of justice or judge by order of Supreme Court.- 1. If a member is a Justice of the Supreme Court, Judge of a District Court of Appeal, Circuit Judge, or Judge of a County Court who has served for 10 years or more as an elected constitutional judicial officer, including service as a judicial officer in any court abolished pursuant to Article V of the State Constitution, and who is retired for disability by order of the supreme court upon recommendation of the Judicial Qualifications Commission pursuant to the provisions of Art. V of the State Constitution, his monthly benefit shall not be less than two-thirds of his monthly compensation as of his disability retirement date. 2. Should any justice or judge who is a member of the Florida Retirement System be retired for disability by order of the Supreme Court upon recommendation of the Judicial Qualifications Commission pursuant to the provisions of Art. V of the State Constitution, then all contributions to his account and all contributions made on his behalfby his employer shall be transferred to and deposited in the General Revenue Fund of the state, and there is hereby appropriated annually out of the General Revenue Fund, to be paid into the Florida Retirement System Fund, an amount necessary to pay the benefits of all justices and judges retired from the Florida Retirement System pursuant to Art. V of the State Constitution. (5) TERMINATION BENEFITS.- (a) A member whose employment is terminated for any reason other than death or retirement prior to the completion of 10 years of creditable service shall be entitled to the return of his accumulated contributions as of his date of termination. (b) A member whose employment is terminated for any reason other than death or retirement after the completion of 10 years of creditable service may elect to receive a deferred monthly benefit which shall commence on the last day of the month of his normal or early retirement and shall be payable on the last day of each month thereafter during his lifetime. The amount of monthly benefit shall be computed in the same manner as for a normal retirement benefit in accordance with subsection (1) of this section or early retirement benefit in accordance with s (30), but based on average monthly compensation and creditable service as of his date of termination. (c) In lieu of the deferred monthly benefit provided in paragraph (b), the terminated member may elect to receive a lump sum amount equal to his accumulated contributions as of his date of termination. (d) If any retired member dies without having received in benefit payments an amount equal to his accumulated contributions, there shall be payable to his designated beneficiary an amount equal to the excess, if any, of the member's accumulated contributions over the total monthly payments made to the member prior to his date of death. (e) A member shall be deemed a terminated 556 member only at such time as he is no longer employed by an employer. (f) Any member who has been found guilty by a verdict of a jury, or by the court trying the case without a jury, of committing, aiding, or abetting any embezzlement or theft from his employer, bribery in connection with the employment, or other felony specified in chapter 838, committed prior to retirement, or who has entered a plea of guilty or of nolo contendere to such crime, or any member whose employment is terminated by reason of his admitted commitment, aiding, or abetting of an embezzlement or theft from his employer, bribery, or other felony specified in chapter 838, shall forfeit all rights and benefits under this chapter, except the return of his accumulated contributions as of his date of termination. (g) Any elected official who is convicted by the Senate of an impeachable offense shall forfeit all rights and benefits under this chapter, except the return of his accumulated contributions as of the date of his conviction. (h) Any member who, prior to retirement, is adjudged by a court of competent jurisdiction to have violated any state law against strikes by public employees, or who has been found guilty by such court of violating any state law prohibiting strikes by public employees, shall forfeit all rights and benefits under this chapter, except the return of his accumulated contributions as of the date of his conviction. (6) OPTIONAL FORMS OF RETIREMENT BENEFITS.- (a) A member shall elect, prior to the receipt of his first monthly retirement payment, to receive the retirement benefits to which he is entitled under subsections (1), (2), or (3) of this section in accordance with one of the following options: 1. The maximum retirement benefit payable to the member during his lifetime. 2. A decreased retirement benefit payable to the member during his lifetime and, in the ev.ent of his death within a period of 10 years after his retirement, the same monthly amount shall be payable for the balance of such 10-year period to his beneficiary or, in case the beneficiary is deceased, in accordance with subsection (8) of this section as though no beneficiary had been named. 3. A decreased retirement benefit which shall be payable during the joint lifetime of both the member and his joint annuitant and which shall continue after the death of either during the lifetime of the survivor in the same amount. 4. A decreased retirement benefit which shall be payable during the joint lifetime of the member and his joint annuitant and which shall continue after the death of either during the lifetime of the survivor in an amount equal to 66% percent of the amount which was payable during the joint lifetime of the member and his joint annuitant. (b) The benefit payable under any option stated above shall be the actuarial equivalent, based on tables adopted by the administrator for this purpose, of the amount to which the member was otherwise entitled. (c) A member who elects the option in subparagraph 2. of paragraph (a) shall, in accordance with

7 F.S.1979 FLORIDA RETIREMENT SYSTEM Ch. 121 subsection (8) of this section, designate a person to receive the benefits payable in the event of his death. Such person shall be the beneficiary of the member. (d) A member who elects the option in subparagraph 3. or subparagraph 4. of paragraph (a) shall, on a form provided for that purpose, designate his spouse or other dependent to receive the benefits which continue to be payable upon the death of the member. Such person shall be the joint annuitant of the member. If, after benefits have commenced under the option in subparagraph 3. or subparagraph 4., the retired member desires to change his designation of a joint annuitant, he may do so only if his first designated joint annuitant is alive and can show evidence of good health which shall be substantiated by a statement from a physician licensed in this state. A member desiring to change his designation of a joint annuitant shall file with the division a notarized "change of joint annuitant" form. Upon receipt of a completed "change of joint annuitant" form, the division shall adjust the member's monthly benefit by the application of actuarial tables and calculations developed to ensure that the benefit paid is the actuarial equivalent of the benefit to which the member was otherwise entitled under the option in subparagraph 1. of paragraph (a), taking into consideration the benefits that have already been paid at the time the member elects to change his designation of a joint annuitant. The consent of a retired member's first designated joint annuitant to any such change shall not be required. (e) The election of an option shall be null and void if either the member, designated beneficiary, or designated joint annuitant shall die before benefits commence. (f) A member who elects to receive benefits under the option in subparagraph 3. of paragraph (a) may designate one or more qualified persons, either a spouse or other dependent, as his joint annuitant to receive the benefits after his death in whatever proportion he so assigns to each person named as joint annuitant. The division shall adopt appropriate actuarial tables and calculations necessary to ensure that the benefit paid is the actuarial equivalent of the benefit to which the member is otherwise entitled under the option in subparagraph 1. of paragraph (a). (7) DEATH BENEFITS.- (a) If the employment of a member is terminated by reason of his death prior to the completion of 10 years of creditable service, there shall be payable to his designated beneficiary the member's accumulated contributions. (b) If the employment of a member is terminated by reason of his death subsequent to the completion of 10 years of creditable service but prior to his actual retirement, it shall be assumed that the member retired as of his date of death in accordance with subsection (1) of this section if eligible for normal retirement benefits, subsection (2) of this section if eligible for benefits payable for dual normal retirement or subsection (3) of this section if eligible for early retirement benefits, having elected in accordance with subsection (6) of this section, the optional form of payment most favorable to his beneficiary, as determined by the administrator. However, the 557 value of the benefit determined under this paragraph shall not be less than the value of the benefit determined under paragraph (a) of this subsection. The monthly benefit provided in this paragraph shall be paid to the member's beneficiary (spouse or other dependent) for his or her lifetime. (c)l. The surviving spouse of any member killed in the line of duty may receive a monthly pension equal to one-half of the monthly salary being received by the member at the time of death for the rest of the surviving spouse's lifetime, unless said surviving spouse remarries, in which case the pension shall terminate on the date of remarriage; or, in lieu of the above, the surviving spouse may elect to receive the benefit provided in paragraph (b) of this subsection. 2. If the surviving spouse of a member killed in the line of duty dies prior to remarriage, the monthly payments which would have been payable to such surviving spouse had such surviving spouse lived shall be paid for the use and benefit of such member's child or children under 18 years of age and unmarried until the 18th birthday of the member's youngest child. 3. If a member killed in the line of duty leaves no surviving spouse but is survived by a child or children under 18 years of age, the benefits provided by subparagraph 1., normally payable to a surviving spouse, shall be paid for the use and benefit of such member's child or children under 18 years of age and unmarried until the 18th birthday of the member's youngest child. (d) The surviving spouse or other dependent of any member whose employment is terminated by death shall, upon application to the,administrator, be permitted to pay the required contributions for any service performed by the member which could have been claimed by the member at the time of his death. Such service shall be added to the creditable service of the member and shall be used in the calculation of any benefits which may be payable to the surviving spouse or other surviving dependent. (e) Notwithstanding any other provisions in this chapter to the contrary, if any member who has accumulated at least 10 years of creditable service dies and the surviving spouse receives a refund of the accumulated contributions made to the retirement trust fund, such spouse may pay to the Division of Retirement an amount equal to the sum of the amount of the deceased member's accumulated contributions previously refunded plus interest at 4 percent compounded annually each June 30 from the date of refund to the date of repayment and receive the monthly retirement benefit as provided in paragraph (b). (f) The designated beneficiary who is the surviving spouse or other dependent of a member whose employment is terminated by death subsequent to the completion of 10 years of creditable service but prior to actual retirement may elect to receive a deferred monthly benefit as if the member had lived and had elected a deferred monthly benefit, as provided ins (5)(b), calculated on the basis of the average final compensation and creditable service of the member at his death and the age the member would have attained on the commencement date of

8 Ch. 121 FLORIDA RETIREMENT SYSTEM F.S.1979 the deferred benefit elected by his beneficiary, paid in accordance with option 3 of s (6)(a). (8) DESIGNATION OF BENEFICIARIES. Each member may, on a form provided for that purpose, signed and filed with the division, designate a choice of one or more persons, named sequentially or jointly, as his beneficiary who shall receive the benefits, if any, which may be payable in the event of his death pursuant to the provisions of this chapter. If no beneficiary is named in the manner provided above, or if no beneficiary designated by the member survives him, the administrator shall direct the payment of such benefits to the spouse of the deceased, if living. If the member's spouse is not alive at his death, any payments to which he was entitled shall be paid to the living children of the member or on their behalf if under 18 years of age. If no children survive, any remaining benefits shall be payable to the member's father or mother, if living; otherwise, to the legal representative of the member's estate. (9} EMPLOYMENT AFTER RETIREMENT; LIMITATION.- (a) Any person who has accepted and is receiving retirement compensation under this chapter may be employed by an employer only if the employer is unable to employ a qualified individual who has not retired, and such employment shall not affect the rights of such retired member under this retirement system, including, without limiting the general terms thereof, his right to receive his retirement allowance. Said total employment, by one or more employers, is limited and shall not exceed employment in excess of 500 hours during any one calendar year without suspending his retirement benefits as provided in paragraph (c) of this subsection, except when a longer period of employment is requested by the employer and approved by the administrator. (b) The employment by an employer of any retiree of any state retirement system shall have no effect on the average final compensation or years of creditable service of such retiree, nor shall any deduction for retirement or social security contributions be made from the compensation received by such retiree with respect to such employment, unless such persons desire to utilize paragraph (d) of this subsection or paragraph (e) of subsection (4). (c) Any person receiving retirement compensation under this chapter who is employed by an employer covered under this chapter in excess of 500 hours, as provided in paragraph (a) of this subsection, shall furnish timely notice in writing to the employer by which he is being or becoming employed and to the administrator of the fact that he is or would be receiving retirement compensation and employment compensation or salary at the same time. Should he fail to do so, and should he receive and retain both benefits and compensation in excess of that provided in paragraph (a) of this subsection, he shall forfeit all of the benefits of this chapter until full restitution has been made to the trust fund of all such excess benefits with interest at 10 percent compounded annually from date of receipt to date of repayment. (d) Any person who has previously retired and who is holding public office on or after July 1, 1969, may have his membership in the Florida Retirement 558 System reinstated by making the necessary contributions to the retirement fund for the period of reemployment. Any person electing this alternative shall not be eligible for retirement compensation during the period of employment. During this period of employment, such contributions shall be included in the computation of the employee's average final compensation, and his years of creditable service. (e) Any person who has retired and subsequently is elected or appointed to an elective public office which is covered by the Florida Retirement System and who does not elect to reinstate his membership in the Florida Retirement System as authorized in paragraph (d) shall continue to receive his retirement benefits in addition to the compensation of the elective office to which he is elected or appointed without regard to the time limitations otherwise provided in this subsection. (10) FUTURE BENEFITS BASED ON ACTU ARIAL DATA.-It is the intent of the legislature that future benefit increases enacted into law in this chapter shall be financed concurrently by increased contributions or other adequate funding, and such funding shall be based on sound actuarial data as developed by the actuary or state retirement actuary, as provided in ss (6) and (11) A member who becomes eligible to retire and has accumulated the maximum benefit of 100 percent of average final compensation may continue in active service, and, if upon the member's retirement the member elects to receive a retirement compensation pursuant to subsection (2), subsection (6), or subsection (7), the actuarial equivalent percentage factor applicable to the age of such member at the time the member reached said maximum benefit and to the age, at said time, of the member's spouse shall determine the amount of benefits to be paid. History.-s. 9, ch ; s. 1, ch ; s. 1, ch ; s. 1, ch ; s. 2, ch ; s. 3, ch ; s. 3, ch ; ss. 6, 7, ch ; s. 2, ch ; s. 2, ch ; s. 1, ch ; s. 1, ch ; s. 6, ch ; s. 3, ch Cost-of-living adjustment of bene fits.- (1) The purpose of this section is to provide costof-living adjustments commencing January 1, 1971, to the monthly benefits payable to certain retirees who are 65 years old or older or who retire on disability, or to their beneficiaries, as provided herein. (2) The terms used in this section are defined as follows: (a) "Average cost-of-living index" as of an adjustment date means the average of the monthly consumer price index figures for the 12-month period from April1 through March 31 immediately prior to the adjustment date, relative to the United States as a whole, issued by the Bureau of Labor Statistics of the United States Department of Labor. (b) "Base benefit" means the total monthly benefit payable to a retiree or beneficiary in accordance with existing laws as of June 30, 1970, or date of retirement, if later. (c) "Standard benefit" means the monthly benefit calculated in accordance with s as for normal retirement, early retirement, or disability retirement, and adjusted, if an optional form ofbenefit payment was elected by the member, in the same ratio as his original benefit payment was adjusted.

9 F.S.I979 FLORIDA RETIREMENT SYSTEM Ch. 121 Such determination shall be made on the assumptions that: 1. Creditable service is the number of years of service for which benefits are provided by the system under which benefits are being paid; and 2. Average final compensation is the compensation base on which benefits being paid were determined. (d) "Initial benefit" means the first monthly benefit payable to a retiree or beneficiary in accordance with the laws governing the determination of such benefit at time of retirement or earlier death. (3) On January I, 1971, the administrator shall adjust the benefit of all retirees who, as of June 30, 1970, had attained age 65 or who had retired on account of disability and the benefit of all beneficiaries of deceased members who would have attained age 65 as of June 30, The amount of benefit payable to such person for the 6-month period commencing January 1, 1971, shall be the greater of A and B when: (a) A is the member's base benefit; and (b) B is the sum of the member's initial benefit and a percentage of the member's standard benefit, such percentage to be equal to the percentage change in the average cost-of-living index over the period between the date of actual retirement and June 30, (4) On July 1, 1971, and each July 1 thereafter through July 1, 1973, the administrator shall adjust the benefit of all retirees who, as of the date of adjustment, have attained age 65 or who have retired on account of disability and the benefit of all beneficiaries of deceased members who would have attained age 65 as of the adjustment date. The amount of benefit payable to such person for the 12-month period commencing on the adjustment date, shall be the greater of C and D when: (a) C is the member's base benefit; and (b) D is the sum of the member's initial benefit and a percentage of the member's standard benefit, such percentage to be equal to the percentage change in the average cost-of-living index over the period between the date of retirement and date of adjustment, ignoring changes in the cost-of-living index which are greater than 3 percent for any year after June 30, If a retiree or beneficiary of a deceased retiree qualifies for a cost-of-living adjustment within 12 months subsequent to the member's date of retirement, the percentage change in the average cost-of-living index used in the calculation of his initial adjustment shall be determined by interpolation from the average cost-of-living index for the two nearest adjustment dates. On and after July 1, 1974, the adjustment to retirement benefits provided in this subsection shall be applied only when a retiree first qualifies for and receives his cost-of-living adjustment and shall be considered his initial adjustment. After the initial adjustment has been applied to a retiree's retirement benefit, all subsequent costof-living adjustments shall be made as provided in subsections (5), (6), and (7). (5) On July 1, 1974, and each July 1 thereafter, the benefit of each retiree and annuitant who has received his initial cost-of-living adjustment under this section shall be adjusted as follows: The adjusted 559 monthly benefit shall be the sum of the monthly benefit being received on June 30 immediately preceding the adjustment date and a percentage of this benefit, such percentage to be equal to the percentage change in the average cost-of-living index as of the date of adjustment from said index for the next preceding adjustment date. However, in no event shall the percentage for the annual cost-of-living adjustment exceed 3 percent for any annual adjustment date. (6) On July 1, 1974, and each July 1 thereafter, the benefit of each retiree and annuitant whose benefit has been adjusted pursuant to s for 1 full year prior to the adjustment date shall be adjusted by using the procedures set forth in subsection (5). (7) In no event shall a retiree's or annuitant's monthly retirement benefit be reduced by the application of this section below the benefit he was receiving as of July 1, 1970, or at date of retirement, if later, nor shall his benefit be reduced below the minimum monthly benefit provided him under s (8) The base benefit, initial benefit, and standard benefit of a retiree who elected an optional form of benefit payment which provided for a percentage of the benefit to be continued to a beneficiary after his death shall be reduced at the death of the retiree by application of the stated percentage. In no case, however, shall the total monthly benefit payable to a retiree be less than his base benefit. Hlstory.-s. 10, ch ; s. 8, ch Credit for actual "wartime ser vice."- (1) Creditable service of any member shall also include military service as defined in s (20) if: (a) The member was in the active employ of an employer immediately prior to such service and was granted official military leave of absence and islegally entitled to reemployment under the provisions of the Universal Military Training Service Act or other law applicable to such reemployment and if said member shall apply for and be reemployed within 1 year from his date of discharge or separation from active military service; and (b) The member makes the required contributions for service credit during such period, based on his rate of monthly compensation as of his date of entry into wartime service plus 4 percent interest on such contributions compounded annually from the due date of the contribution until July 1, 1975, and 6.5 percent interest compounded annually thereafter until the payment is made to the proper retirement trust fund. (2) Any member as defined in s (12), who has military service as defined in s (20) but is ineligible to claim same under subsection (1) of this section may receive creditable service if: (a) The member has completed a minimum of10 years creditable service of employment; and (b) The member pays into the proper retirement trust fund 4 percent of gross salary, based on his first year of salary subsequent to July 1, 1945, that he has credit for under this system, he would have paid for this period of service had he been a member, plus 4 percent interest thereon, compounded annually

10 Ch. 121 FLORIDA RETIREMENT SYSTEM F.S.1979 from date of first creditable service under this chapter until July 1, 1975, and 6.5 percent interest compounded annually thereafter until the payment is made to the proper retirement trust fund. (3) Creditable service not to exceed 4 years under this subsection shall be credited as provided in s (1). History.-s. 11, ch ; s. 9, ch Participation in system by legislators elected pursuant to chapter 63-1X, Laws of Florida.-Any state official elected to fill a full term of office under the Reapportionment Act of 1963, chapter 63-1X, Laws of Florida, may pay into the system trust fund the amount of contribution he would have paid had he been elected in November, 1962, and receive service credit on retirement for a full 2-year or 4-year term. History.-s. 2, ch cf.-s Membership class of certain elected state officers Participation in system by spouses of certain elected officials.- (1) In the event any elected official dies in office subsequent to July 1, 1970 who would have had 10 years of creditable service in any state-administered contributory retirement system had he lived to complete the term of office in which he was serving at the time of his death, his spouse may elect to leave his retirement contributions in the retirement trust fund and pay such additional amounts into said fund as the deceased member would have paid plus the matching contributions that would have been paid had he lived to complete 10 years of creditable service. Any spouse electing to make such additional contributions to any state retirement system shall be eligible to receive the monthly benefit that is payable to the surviving spouse of a member who dies after accumulating ten years of creditable service. (2) If a deceased member's surviving spouse coming under the provisions of subsection (1) has previ-. ously received a refund of the member's contributions made to the retirement trust fund, such spouse may, at any time prior to July 1, 1972, pay to the Division of Retirement an amount equal to the sum of the amount of the deceased member's contributions previously refunded together with interest at 4 percent compounded annually on the amount of such refunded contributions from date of refund to date of payment plus such additional contributions as may be required under subsection (1) in order to qualify for 10 years of creditable service. Any surviving spouse electing to make the payments required herein shall be eligible to receive the monthly benefit that is payable to the surviving spouse of a member who dies after accumulating 10 years of creditable service. History.-s. 1, ch ; s. 3, ch Future service to include authorized leaves of absence.-future service of any member as defined in s (21) shall also include authorized leaves of absence if: (1) The member has completed a minimum of 10 years of creditable service, excluding periods ofleave of absence. (2) The leave of absence is authorized in writing 560 by the employer of the member and approved by the administrator. (3) The leave does not exceed 12 months at any one time nor 24 months in total during his employment. (4) The member makes the required contributions for service credit during the leave of absence, which shall be 8 percent until January 1, 1975, and 9 percent thereafter of his rate of monthly compensation in effect immediately prior to the commencement of such leave for each month of such period, plus 4 percent interest until July 1, 1975, and 6.5 percent interest thereafter on such contributions, compounded annually from the due date of the contribution to date of payment. History.-s. 12, ch ; s. 10, ch Credit for workers' compensation payments.-a member of the retirement system created by this chapter who has been eligible or becomes eligible to receive workers' compensation payments for an injury or illness occurring during his employment while a member of any state retirement system shall be subject to the following provisions: (1) If the member receives no salary payments for the period of time he receives workers' compensation payments, upon his return to active employment, he shall receive full retirement credit for the period for which workers' compensation payments were received. No employee or employer contributions shall be required in order for the member to receive retirement credit for such period. Such credit shall be based on the member's rate of monthly compensation immediately prior to his receiving workers' compensation payments; or (2) If the member receives partial salary for the period of time he receives workers' compensation payments, the required employee contributions shall be deducted from his partial salary each pay period, and, upon his return to active employment, he shall receive full retirement credit for the period for which workers' compensation payments were received. Such credit shall be based on the member's rate of monthly compensation immediately prior to his receiving workers' compensation payments; or (3) If the member is retained in full-pay status in lieu of receiving workers' compensation payments, the required employee contributions shall be deducted from his salary each pay period and he shall receive retirement credit for such period in the same manner he would have received credit had he not been injured or incapacitated. History.-s. 2, ch ; s. 57, ch Benefits exempt from taxes and execution.-the benefits accrued to any person under the provisions of this chapter and the accumulated contributions, securities, or other investments in the trust funds hereby created are exempt from any state, county, or municipal tax of the state and shall not be subject to assignment, execution, or attachment or to any legal process whatsoever. History.-s. 13, ch

11 F.S.1979 FLORIDA RETIREMENT SYSTEM Ch Reports and surveys relative to local and state retirement systems.- q) Commencing in the year 1980, and every thtrd year thereafter, the Division of Retirement of the Department of Administration shall make areport to the Legislature regarding the actuarial conditions of locally administered retirement plans or systems operated by the political subdivisions of the state and the compliance of such retirement plans or systems with the provisions of this act. (2) The Department of Administration, through its Division of Retirement, shall make to each regular session of the Legislature a written report on the operation and condition of the state-administered retirement systems. History.-s. 3, ch ; s. 2, ch ; s. 21, ch Appropriation.-There is hereby annually appropriated from the System Trust Fund or the Social Security Trust Fund a sufficient amount to make such payments as are provided in this chapter. History.-s. 14, ch lnvestments.-the Board of Administration, created by authority of the State Constitution, shall invest and reinvest available system funds in accordance with the provisions ofss History.-s. 15, ch Amendments.-References in this chapter to state or federal laws or agreements are intended to include such laws as they now exist or may hereafter be amended. History.-s. 16, ch Effective date.-for the purpose of activating and implementing the Florida Retirement System this chapter shall take effect on December 1, 1970, but for all other purposes it shall take effect July 1, History.-s. 19, ch Special pensions to individuals; administration of laws by Department of Administration.-All powers, duties, and functions related to the administration of laws providing special pensions to individuals, including chapter 18054, Laws of Florida, 1937; chapter 26788, Laws of Florida, 1951, as amended by chapter?7-871, Laws offlorida; chapter 26836, Laws of Flonda, 1951; and chapter , Laws of Florida, are vested in the Department of Administration and shall be assigned to the Division of Retirement. All laws hereinafter enacted by the Legislature pertaining to special pensions for individuals shall be administered by said division, unless contrary provisions are contained in such law. History.-s. 31, ch ; s. 4, ch ; s. 2, ch ; s. 3, ch ; s. 1, ch ; s. 2, ch Special acts prohibited.-after July 1, 1972, there shall not be enacted any special act or general law of local application which proposes to amend, alter, or contravene the provisions of any state-administered retirement system or any statesupported retirement system established by general law. History.-s. 1, ch Note.-S.B. 943, which became ch , was passed by a three-fifths vote m both houses, thereby investing this section with the special quality prescribed by s. 11(a)(21), Art. Ill, State Const State retirement actuary.-the Division of Retirement may employ an actuary, as defined in s (6). Such actuary shall, together with such other duties as the director of retirement may assign him, be responsible for: (1) Advising the director of retirement on actuarial matters of the state's retirement systems. (2) Making periodic valuations of the retirement systems. (3) Coordinating the report to the legislature on the actuarial condition of the retirement systems, as required by s (4) Providing actuarial analyses to the legislature concerning proposed changes in the retirement systems. (5) Assisting the director of retirement in developing a sound and modern retirement system. History.-s. 11, ch Voluntary retirement with half pay authorized for elective officers of cities or towns; appropriation.- (!) The intent of the Legislature is to authorize an~ direct each city and town to provide a system of retirement for elected officials, but it is further the intent that each city or town may determine whether the system shall be contributory or noncontributory. (2)(a) From and after June 3, 1939, whenever any elective officer of any city or town of this state has held any elective offices of such city or town for a period of 20 years or more consecutively, or for a period of 20 years or more consecutively, except for one period not exceeding 6 months, such elective officer may voluntarily resign or retire from such elective office with the right to be paid, and he shall be paid on his own requisition by such city or town during the remainder of his natural life, a sum equal to one-half of the full amount of the annual or monthly salary that such city or town was authorized by law to pay said elective officer at the time of his resignation or retirement; and such city and town shall appropriate and provide in its annual budget sufficient moneys to meet the requirements of this section when no other plan is available for elected local officials. In cases in which an elective officer during any term of office entered or enters and served or serves in the Armed Forces of the United States during any period during which the United States was or shall be engaged in war and thereafter was or shall be appointed or again elected to the same elective office prior to discharge from such service in the Armed Forces, such time of service in the Armed Forces shall not be construed to be a break in consecutive service and shall be counted in determining the years of consecutive service of such elective officer. (b) The provisions of this subsection shall not operate to preclude any elected officer from retiring under, and receiving benefits pursuant to, the provisions of this section as it existed prior to October 1, 561

12 Ch. 121 FLORIDA RETIREMENT SYSTEM F.S , if such officer had, prior to that date, completed the required 20 years of service or been elected to a term upon the expiration of which he completes the required 20 years of service. (3) Each city or town may by ordinance establish a contributory retirement system for those officials defined in subsection (2). The rules for participation, the amount of the official's contributions, and the method of appropriation and payment may be determined by ordinance of the city or town. History.-s. 1, ch , 1939; CGL 1940 Supp. 2998(1); s. 1, ch ; s. 1, ch ; s. 1, ch ; s. 4, ch ; s. 1, ch Note.-Former s State Retirement Commission; creation; membership; compensation.- (!) There is created within the Department of Administration a State Retirement Commission composed of seven members: One member who is retired under a state-supported retirement system administered by the Division of Retirement; two members from different occupational backgrounds who are active members in a state-supported retirement system which is administered by the Division of Retirement; and four members who are not retirees, beneficiaries, or members of a state-supported retirement system which is administered by the Division of Retirement. (2) Appointments to the commission shall be made by the Governor, subject to confirmation by the Senate. The initial appointment of members shall be as follows: Two members shall be appointed for terms to expire December 31, 1977; two members shall be appointed for terms to expire December 31, 1978; and three members shall. be appointed for terms to expire December 31, As the terms of the initial members expire, their successors shall be appointed for 4-year terms. Each member shall serve until his successor is appointed and confirmed, and a member may be appointed to succeed himself. Should a vacancy occur, it shall be filled by appropriate appointment by the Governor for the period of the unexpired term. (3) No person shall serve as a member who holds an elective public office of the state or any political subdivision thereof or who holds any office in, or serves as an agent for, a political party. No person shall be appointed to the commission who has not been a citizen of Florida for at least 3 years immediately prior to his appointment. (4) The Governor may suspend a member of the commission only for cause, subject to removal or reinstatement by the Senate. History.-s. 1, ch Disability retirement and special risk membership applications; Retirement Commission; powers and duties; judicial review.-the provisions of this section shall apply to all proceedings respecting applications for disability retirement, reexamination of retired members receiving disability benefits, and applications for special risk membership in the Florida Retirement System. (1) In accordance with the rules of procedure adopted by the Department of Administration through the Division of Retirement, the administrator shall: 562 (a) Give reasonable notice of his proposed action, or his decision to refuse action, together with a summary of the factual, legal, and policy grounds therefor. (b) Give affected members, or their counsel, an opportunity to present to the division written evidence in opposition to the proposed action or refusal to act or a written statement challenging the grounds upon which the administrator has chosen to justify his action or inaction. (c) If the objections of the member are overruled, provide a written explanation within 20 days. (2) Unless the member accepts the decision of the administrator as final and binding, he shall be entitled to a hearing before the State Retirement Commission pursuant to s (1). For the purpose of the said hearings, the commission shall be an agency head as defined by s (3). (a) The Retirement Commission shall have the authority to issue orders as a result of a hearing that shall be binding on all parties to the dispute. The Retirement Commission may order any action that it deems appropriate. (b) Any person who fails to appear in response to a subpoena, answer any question, or produce any evidence pertinent to any hearing or who knowingly gives false testimony therein is guilty of a misdemeanor of the first degree, punishable as provided in s or s (3) The exercise by the Retirement Commission of the powers, duties, and functions prescribed by this section shall be reviewable by the District Court of Appeal in the appellate district where the Division of Retirement maintains its headquarters. (4) The exercise by the Retirement Commission of the powers, duties, and functions prescribed by this section shall be reviewable by the judiciary on the grounds that: (a) The commission did not afford a fair and equitable hearing in accordance with chapter 120; (b) The decision of the commission was not in accordance with existing statutes or rules and regulations promulgated thereunder; or (c) The decision of the commission was not based on substantial evidence. The court shall not, however, substitute its judgment for that of the commission as to the weight of the evidence on any disputed finding of fact where the decision of the commission was supported by substantial evidence; nor shall the court substitute its judgment for that of the commission on an issue of discretion. History.-s. 1, ch ; s. 5, ch Conduct of commission business; legal and other assistance; compensation.- (!) The commission shall conduct its business within the following guidelines: (a) A quorum shall consist of four members, and the concurring vote of four members shall be required to reach a decision, issue orders, and conduct the business of the commission. (b) The commission shall elect a chairman and such other officers as it deems necessary. The chairman shall conduct the meetings and hearings of the commission and shall take whatever action is neces-

13 F.S.1979 FLORIDA RETIREMENT SYSTEM Ch. 121 sary to ensure that the business of the commission is conducted in an equitable, orderly, and expeditious manner. All parties shall abide by the chairman's decisions, unless the chairman is overruled by a majority of members present. (2) Legal counsel for the commission may be provided by the Department of Legal Affairs or by the Department of Administration, with the concurrence of the said commission, and shall be paid by the Department of Administration from the appropriate funds. (3) The Division of Retirement shall furnish administrative and secretarial assistance to the commission and shall provide a place where the commission may hold its meetings. (4) The members of the commission shall be paid an honorarium of$50 for each day spent on the work of the commission. In addition to the honorarium, each member shall receive per diem and travel expenses as provided in s The official headquarters of each member, for purpose of calculating per diem and travel expenses, shall be his permanent home address. Members of a state-administered retirement system who are appointed to the commission shall have their work on the commission considered as part of their regular job assignments and shall not be required to take leave while engaged in the commission's business. The receipt of an honorarium shall have no effect on the retirement benefits of a retired member of the commission. History.-s. 1, ch Statements of purpose and intent and other provisions required for qualification under the Internal Revenue Code of the United States.-Any other provisions in this chapter to the contrary notwithstanding, it is specifically provided that: (1) The purpose of this chapter is to provide pension benefits for the exclusive benefit of the member employees or their beneficiaries. (2) No part of the principal or income of the trust fund created hereunder shall be used or diverted for purposes other than for the exclusive benefit of the member employees or their beneficiaries and for the payment of administrative cost. (3) Forfeitures, if any, shall not be applied to increase the benefits any member employee would otherwise receive under this chapter. (4) Upon termination or partial termination, upon discontinuance of contributions, abandonment, or merger, or upon consolidation or amendment of this chapter, the rights of all affected employees to benefits accrued as of the date of any of the foregoing events, or the amounts credited to the account of any member employee, shall be and continue thereafter to be nonforfeitable except as otherwise provided by law. (5) No benefit hereunder shall exceed the maximum amount allowable by law for qualified pension plans under existing or hereafter-enacted provisions of the Internal Revenue Code of the United States. (6) The provisions of this section are declaratory of the legislative intent upon the original enactment of this chapter and are hereby deemed to have been in effect from such date. History.-s. 1, ch

14 Ch. 122 STATE AND COUNTY RETIREMENT SYSTEM CHAPTER 122 STATE AND COUNTY OFFICERS AND EMPLOYEES' RETIREMENT SYSTEM F.S.1979 State and County Officers and Employees' ployees' Compulsory Retirement System, are hereby Retirement System; consolidation; divisions. County Officers and Employees' Retirement Sys consolidated and shall be known as the "State and Definitions. tem." Contributions; participants; prior service (2) Any person who is employed after the effective date of this chapter, (July 1, 1955), by a county credit. Compulsory participation. having a retirement system shall be a compulsory Legislator services included. member of this retirement system unless he becomes Eligibility of retired state employee for a member of a local county retirement system at the Legislature; compensation. time of employment. Legislative employee services included. (3) The rights of members of the retirement system established by former chapters 121 and 134, Hospital districts and county hospital corporations; officers and employees included. their benefits be reduced by virtue of any part of this Florida Statutes, shall not be impaired, nor shall Seasonal state employment included; time chapter. limit and procedure for claiming. (4)(a) The State and County Officers and Employees' Retirement System shall be deemed to be Requirements for retirement; classifications. divided into two divisions to be designated division A Disability retirement; medical examinations. 1. Division A of this system shall consist of those and division B. Separation from service; refund of contributions. July 1, 1963, who did not elect to become members members of the system who were employed prior to Reemployment after refund. of division B; and ss , , , Designation ofbeneficiary; death of participant; forfeiture of contributions after inclusive shall control with respect to division A and to , inclusive and ss to , benefits paid; survivor benefits. membership therein. Administration of law; appropriation. 2. Division B of this system, established for the Benefits exempt from taxes and execution. purposes and within the contemplation of section Employment after retirement. 218(d)(6) of the Federal Social ~ecurity Act [ 42 USCA Certain officers and employees not coveredbers of said division B the opportunity to obtain Fed s. 418(d)(6)] for the purpose of affording to the mem Change of positions; election of retirement eral Social Security coverage, shall consist of those systems; exceptions. members of the system who elected to or were required to become members of division B, as herein Blind vending-stand operators; participation by. after provided, and ss , to Activation of division B shall control with respect to division B and Applicable law. membership therein. Definitions. (b) Notwithstanding any provision to the contrary contained in this chapter, s shall apply Membership in division B. Funds. with respect to sheriffs and "high hazard" deputy Contributions. sheriffs, as provided for herein, to the extent that the Benefits. provisions of such sections are at variance or in conflict with the sections otherwise applicable, and with Records and reports. Appropriations. respect to members who are classified as "high hazard" members as hereinafter defined, the provisions Future amendments. Repealer. of ss , , , and shall be subject to the provisions of s County officers and employees; division B. Special provisions for certain sheriffs and (5) Notwithstanding any provision contained full-time deputy sheriffs. herein to the contrary, the provisions of this chapter Funding. relating to age for retirement under s shall Funding by local agencies. be subject to amendment or modification by subsequent legislation at any time and all other provisions Statements of purpose and intent and other provisions required for qualification of this chapter relating to the administration of the under the Internal Revenue Code of the system or to the duties, rights, privileges, requirements, and benefits of those persons who become United States. members on or after July 1, 1963, shall be subject to State and County Officers and Em- amendment, modification, deletion or substitution ployees' Retirement System; consolidation; divi- by act of the 1965 Legislature of the state and all sions.- such legislation shall apply retroactively to July 1, (1) Former chapter 121, the State Officers and 1963, with respect to those persons who become Employees' Compulsory Retirement System, and members on or after July 1, 1963; provided, however, former chapter 134, the County Officers and Em- that such legislation shall not set the age for retire- 564

15 F.S.1979 STATE AND COUNTY RETIREMENT SYSTEM Ch. 122 ment, as specified in s (1) to exceed the age of 65 years, nor shall such legislation affect any benefit which becomes payable to, or with respect to, such members prior to July 1, History.-ss. 1, 25, 26, ch , 1955; s. 1, ch ; ss. 1, 2, ch ; s. 1, ch ; s. 1, ch ; s. 28, ch Definitions.-The following words and phrases as used in this chapter shall have the following meaning unless a different meaning is plainly required by the context: (1) "State and county officers and employees" shall include all full-time officers or employees who receive compensation for services rendered from state or county funds, or from funds of drainage districts or mosquito control districts of a county or counties, or from funds of the State Board of Administration or from funds of closed bank receivership accounts or from funds of any state institution or who receive compensation for employment or service from any agency, branch, department, institution or board of the state, or any county of the state, for service rendered the state or county from funds from any source provided for their employment or service regardless of whether the same is paid by state or county warrant or not; provided that such compensation in whatever form paid shall be specified in terms of fixed monthly salaries by the employing state or county agency or state or county official and shall not include amounts allowed for professional employees for special or particular service or for subsistence or traveling expenses; provided further the division shall prescribe appropriate procedure for contribution deduction out of such compensation in accordance with the provisions of this chapter, provided further that such officers and employees defined herein shall not include those officers and employees excepted from the provisions by s of this law. (2) "Average final compensation" shall mean the average salary of the 10 best contributing years of the last 15 years prior to retirement, or the career average since July 1, 1945, whichever is greater. A year shall be 12 running months. In the event that an officer or employee has not contributed to the retirement trust fund for at least 10 years, then the average final compensation shall mean the average salary of the last 10 years' service. (3) "Salary" shall mean the fixed monthly compensation paid officers and employees, and where officers' or employees' compensation is derived from fees set by statute, salary shall be the total cash remuneration received from such fees. Under no circumstances shall salary include fees paid professional persons for special or particular services. (4)(a) In determining the aggregate number of years of service of any officer or employee, the time of military service between 1939 and 1946 by the employee on leave of absence shall be added to the years of state or county service. Credit for any other military service shall not exceed 4 years; provided that those individuals who were employed by the War Manpower Commission in Florida (or on military leave from the War Manpower Commission) prior to November 16, 1946, by the National Reemployment Service in Florida subsequent to June 30, 1933, the Florida State Employment Service subsequent to 565 June 30, 1935, or in the readjustment allowance or employment service departments of the Veterans' Administration in Florida between July 1, 1944 and January 1, 1950, and who continued in employment with the state or any county without more than one interruption in the performance of service, this interruption not to exceed 5 years, shall be entitled to credit for continuous service for all such employment with the named agency or department, and shall have such time added to their aggregate number of years of service; provided further, that any such employee claiming such credit shall pay into the State and County Officers and Employees' Retirement Trust Fund an amount equivalent to the amount which would have been placed in the fund had such employee been paying into the fund from July 1, 1945, on the basis of the wages paid to such employee by the Federal Government, plus interest thereon at the rate of3 percent compounded annually until July 1, 1975, and thereafter at the rate of6.5 percent interest compounded annually until date of payment; and provided further, that such persons shall furnish proper proof from the governmental agency showing the payment of wages for.such service and that such persons are not claiming and have not been allowed credit for such service in a federal or any other retirement system, except those persons formerly with the War Manpower Commission who, prior to 1961, received federal service credit. Leave of absence shall be construed to cover any officer or employee of the state or county who was serving as such during the calendar year of 1940, or any time subsequent thereto, and who resigned his employment in time of war or national emergency to enter military service and who thereafter returned to his former employment with the state or county as soon as possible after release from military service.. (b) Any person claiming prior service credit under the provisions of this subsection shall pay into the State and County Officers and Employees' Retirement Trust Fund a contribution equal to 5 percent of the earnings received during the period being claimed, plus 3 percent interest thereon compounded annually, such interest to commence and run from July 1, 1945, with respect to service prior thereto and from dates of employment with respect to service subsequent to June 30, 1945, and such interest shall continue to be figured at the rate of 3 percent until July 1, 1975, on which date and thereafter such interest shall be figured at the rate of 6.5 percent interest, compounded annually until date of payment. (5) If compensation for accumulated annl.).al leave is due and payable and is paid to the sur:viving spouse and the necessary contribution is made to the retirement trust fund, time for accumulated annual leave, not to exceed 30 working days, shall be added to the aggregate number of years service and to the member's age, provided such time is needed to make the member eligible for retirement benefits at the time of death, in which event the retirement benefits shall be computed on the basis of the retirement age specified in ss (1) and (2)(a) if the member died prior to July 1, 1963, or on the basis of a retirement age of65 years if the member died on or

16 Ch. 122 STATE AND COUNTY RETIREMENT SYSTEM F.S.1979 after July 1, Otherwise aggregate number of years of service shall mean the total number of years, and fractional parts of years, of service of any officer or employee omitting intervening years and fractional parts of years, when such officer or employee may not be employed by the state or county. Provided that any nonacademic employee of a school board shall receive a full year's service credit for all years under the following conditions: (a) Provided all necessary contributions have been made to the retirement trust fund. (b) Provided the employee is employed and receives salary for the full school year. (6) "Division" means the Division of Retirement of the Department of Administration. History.-s. 2, ch , 1955; ss. 1-3, ch ; s. 1, ch ; s. 2, ch ; s. 1, ch ; s. 1, ch ; s. 1, ch ; s. 3, ch ; s. 8, ch ; ss. 1, 2, ch ; ss. 31, 35, ch ; s. 39, ch ; s. 1, ch ; s. 3, ch dered by such employees as municipal officers or employees, prior to becoming compulsory members of the State and County Retirement System, shall not be allowed. (b) This subsection shall not apply to members covered under s , when transferred to state employment by statute on or after July 1, Should such employees be transferred by statute, they shall be transferred from division A to division B with service credit under division A up until date of transfer and service credit under division B thereafter. (2) Any officer or employee who held office or was employed by the state or a county of the state on July 1, 1945 or October 1, 1950 and has been holding office or has been continuously employed from April 1, 1955: (a) May receive credit for prior service rendered subsequent to 1945; Contributions; participants; prior ser- (b) Credit for service rendered prior to July 1, vice credit.- (1)(a) From and after July 1, 1955, the officer or 1945 shall be continuous except that one period of board paying salaries to officers or employees enti- absence not more than 5 years shall be allowed, and tled to the benefits of this law shall deduct 6 percent in computing such service credit, the period of absence shall not be creditable service. from each installment of salary of each officer or (c) Provided any person receiving prior service employee so long as such officer or' employee shall hold office, or be employed and said amount so de- credit under (a) or (b) pays into the retirement trust ducted shall be deposited in a special trust fund here- fund the amount he would have paid had he been a by established in the state treasury, to be known as member since July 1, 1945, plus interest compoundthe "State and County Officers and Employees' Re- ed annually from date of service to date of payment tirement Trust Fund." Provided further, whenever at the rate of3 percent for any period of time before any county now or hereafter authorized by law to July 1, 1975, and at the rate of 6.5 percent comtake over and perform the functions of a municipal- pounded annually for any period of time after and ity, exercises such power and takes over functions including July 1, 1975; however, no officer or emheretofore performed by a municipality, and as a ployee shall make contributions under this section result thereof municipal employees become county for less than 10 years or for his total service being employees and are paid salaries from county funds, claimed, whichever is less. such employees who are members and continue to be (3) Any officer or employee claiming prior sermembers of a municipal retirement system shall not vice under subsection (2) of this section shall make be eligible to participate in the State and County the required payment on or before the time of actual Officers and Employees' Retirement Trust Fund. retirement. Such employees, whose pension or retirement rights (4) Any officer or employee who formerly rejectare otherwise preserved, who by merger, transfer or ed the provisions of the retirement law may elect to assignment of governmental units or functions, be- become a member of the retirement system at any come county employees, shall not lose their munici- time. Any person becoming a member under this pal pension or retirement rights, or any reserves subsection shall not receive any prior service credit. accrued to their benefit during their period of em- (5) Any state or county officer or employee who ployment with a municipality and the county is au- prior to becoming a state or county officer or emthorized to pay into such municipal retirement sys- ployee was a member of the Department of Public tern during the period that such employees remain Safety Pension Fund, and who is not receiving retireas county employees the sums of money previously ment benefits under said fund, shall be a compulsory paid by the municipality for the benefits of such member of the State and County Officers and Ememployees, and may make appropriate deductions ployees' Retirement System, and if any such state or from the employees' salaries to preserve their retire- county officer or employee has not received a refund ment benefits. Provided further, such employees from the Department of Public Safety Pension Fund, who by merger, transfer or assignment of govern- the amount he has paid into said fund, plus the ment units or functions, become county employees amount the state has paid into said fund to match shall have 6 months from the date they become coun- the employee's payment, shall be transferred from ty employees to elect to remain in the retirement the Department of Public Safety Pension Fund to system of which they were members as municipal the State and County Officers and Employees' Reemployees or become compulsory members of the tirement Trust Fund, or if such person has received State and County Officers and Employees' Retire- a refund from the Department of Public Safety Penment System. Such employees becoming compulsory sion Fund, then any such state or county officer or members of the State and County Officers and Em- employee shall, within 24 months from the time ployees' Retirement System shall be classed as new such person becomes a state or county officer or emmembers of the State and County Officers and Em- ployee, or within 24 months from July 1, 1963; ployees' Retirement System and any service ren- whichever is the later date, pay into the State and 566

17 F.S.1979 STATE AND COUNTY RETIREMENT SYSTEM Ch Compulsory participation.-the provi sions of this law shall be compulsory as to all persons who enter the employment of the state or county of (a) If the member receives no salary payments the state on or after July 1, 1947, and there shall be for the period of time he receives workers' compensa- deducted from the salary of every officer and emtion payments, upon his return to active employ- ployee who thereafter enters the employment of the County Officers and Employees' Retirement Trust Fund 5 percent of the salary he has received from the Department of Public Safety, beginning with July 1, 1945, to June 30, 1955, inclusive and from July 1, 1955, 6 percent of the salary he has received from the Department of Public Safety, plus 3 percent per annum interest thereon. Thereupon the total time spent with the Department of Public Safety since its creation in chapter 19551, Acts of 1939, shall be added to and computed with such person's service as a state or county officer or employee. No state or county officer or employee who is receiving benefits under the Department of Public Safety Pension Fund shall be eligible to become a member of the State and County Officers and Employees' Retirement Trust Fund. (6) Any officer or employee who held office or was employed by the state or a county of the state continuously from May 1, 1959, and who has not previously received credit for, or is not eligible to claim credit for, prior years of service under subsection (2); or any officer or employee who holds office or is employed by the state or a county of the state on June 1, 1961, and is continuously employed; or any officer or employee who holds office or is employed by the state or county of the state after June 1, 1961, and who is continuously employed for 3 years, during which period of time no back payments may be made: (a) May claim credit for all prior years of service under the conditions hereinafter set forth. (b) Credit for service prior to July 1, 1955, may be allowed, provided a contribution of 5 percent of all salary received in the period being claimed, plus interest compounded annually from date of service to date of payment at the rate of 3 percent for any period of time before July 1, 1975, and at the rate of 6.5 percent for any period of time after and including July 1, 1975, is made to the State and County Officers and Employees' Retirement Trust Fund on or before the time of actual retirement. (c) Credit for service subsequent to July 1, 1955, may be allowed, provided a contribution of6 percent of all salary received in the period being claimed, plus interest compounded annually from date of service to date of payment at the rate of 3 percent for any period of time before July 1, 1975, and at the rate of 6.5 percent for any period of time after and including July 1, 1975, is made to the State and County Officers and Employees' Retirement Trust Fund on or before the time of actual retirement. (d) Prior service allowance may be made only for those periods in which state or county records of service and salary are available, or at least three affidavits and such other information as might be required by the division to meet the provisions of this law. (7) A member of the retirement system created by this chapter who has been eligible or becomes eligible to receive workers' compensation payments for an injury or illness occurring during his employment while a member of any state retirement system shall be subject to the following provisions: ment, he shall receive full retirement credit for the period for which workers' compensation payments were received. No employee or employer contributions shall be required in order for the member to receive retirement credit for such period. Such credit shall be based on the member's rate of monthly compensation immediately prior to his receiving workers' compensation payments; (b) If the member receives partial salary for the period of time he receives workers' compensation payments, the required employee contributions shall be deducted from his partial salary each pay period, and, upon his return to active employment, he shall receive full retirement credit for the period for which workers' compensation payments were received. Such credit shall be based on the member's rate of monthly compensation immediately prior to his receiving workers' compensation payments; or (c) If the member is retained in full-pay status in lieu of receiving workers' compensation payments, the required employee contributions shall be deducted from his salary each pay period, and he shall receive retirement credit for such period in the same manner by which he would have received credit had he not been injured or incapacitated. (8) Any widow of a county official or former county official, who was formerly employed full time in the office of the county official and who is presently employed by the said county official or is a county official of any such county and who did not receive compensation for a period of more than 10 years as such employee, may receive credit for retirement purposes as provided for in this chapter by: (a) Contributing to the said retirement trust fund on a salary computed on the basis of one-third of the compensation received by the said county official for the period of time the said employee did not receive any compensation, and interest on said contribution shall be paid at the rate of 3 percent per annum from July 1, (b) Submitting affidavits from one assistant auditor general and two county officials or former county officials from any such county to substantiate said employment. (9) The surviving spouse or other dependent of any member whose employment is terminated by death shall, upon application to the director of the Division of Retirement of the Department of Administration, be permitted to pay the required contributions for any service performed by the member which could have been claimed by the member at the time of his death. Such service shall be added to the creditable service of the member and shall be used in the calculation of any benefits which may be payable to the surviving spouse or other surviving dependent. History.-s. 3, ch , 1955; s. 1, ch ; ss. 1, 2, ch ; s. 1, ch ; s. 1, ch ; s. 1, ch ; s. 1, ch ; s. 2, ch ; s. 1, ch ; s. 1, ch ; s. 9, ch ; s. 8, ch ; s. 8, ch ; ss. 31, 35, ch ; s. 1, ch ; s. 1, ch ; s. 1, ch ; s. 2, ch ; s. 3, ch ; s. 3, ch ; s. 4, ch ; s. 58, ch

18 Ch. 122 STATE AND COUNTY RETIREMENT SYSTEM F.S.1979 state or county of the state 6 percent as provided for in s All persons entering the service of the state or county of the state after July 1, 1947 shall be considered new employees or new officers and no prior service of such employees or officers shall be computed as part of their aggregate number of years of service under this law, except employees in military service on leave of absence who return immediately from military service to the service of the state or county of the state. Provided further that any person who is employed after the effective date of this chapter by a county having a retirement system shall be a compulsory member of this retirement system unless he becomes a member of its local retirement system. History.-s. 4, ch , Hospital districts and county hospi tal corporations; officers and employees includ ed.- ed rights under the retirement law would not have (1) Boards of hospital districts and county hospihis benefits accumulated at the time he takes office tal corporations may elect to bring employees of such as such legislator reduced by virtue of such service districts or corporations under the provisions of the as a legislator. retirement law. Once this election is made it may not (4) Any member ofthe Legislature who had vest- be revoked and all present and future employees ed rights under the retirement law, prior to becom- shall be compulsory members of the State and Couning a member of the Legislature, may use the aver- ty Officers and Employees' Retirement System. age salary of the best 10 years of the last 15 years of (2) All boards of hospital districts and county creditable service earned prior to becoming a mem- hospital corporations who now have officers and ember of the Legislature. ployees participating in the State and County Offi- (5) Any member of the Legislature who is a mem- cers and Employees' System will continue to have ber of any state and county retirement system on the such coverage as provided by this chapter. The preeffective date, or any future member of the Legisla- sumption being that such boards have elected to ture, may pay into any state and county retirement come under the law. trust fund, based on his prior or future service, 45 (3) The rights of any officer or employee who is percent of his salary for the first 10 years of service, a member of the State and County Officers and Em- 60 percent of his salary for the second 10 years, and ployees' Retirement System or who is receiving ben- 75 percent of his salary for the third 10 years, said efits under the provisions of this chapter, by virtue Legislator services included.- (!) The aggregate days of service heretofore or hereafter rendered the State Legislature as a member of the Senate or House of Representatives by any participants of the State and County Officers and Employees' Retirement System shall be computed as a part of the aggregate years of state or county service of such participant in said retirement system, and it shall be the duty of state officials administering the provisions of said system to allow any such participant such legislative service, together with other service rendered by such participant to the state or county. (2) The division and state officials administering said retirement system shall make the contribution deductions required by law from the compensation hereafter received by any of the said participating members of the Legislature for service rendered the State Legislature in the same manner as in the case of other state employment. (3) Any member of the Legislature on the effective date of this chapter may claim credit for all prior service as such member by paying into the State and County Officers and Employees' Retirement Trust Fund the required amount as computed by the division, plus 3 percent interest compounded annually until July 1, 1975, and thereafter at the rate of 6.5 percent interest compounded annually until date of payment and upon making such payment shall be entitled to receive credit for his full terms as such legislator. Provided further that any member of the Legislature who previously had vest- salary to be considered during his total service, $100 per month. In computing the retirement benefit for such members of the Legislature, the average final compensation shall be the amount that a 6-percent contribution would ha,ve applied to produce the contribution required above. History.-s. 5, ch , 1955; s. 1, ch ; s. 2, ch ; s. 1, ch ; ss. 31, 35, ch ; s. 5, ch Eligibility of retired state employee for Legislature; compensation.-any retired state employee who is presently drawing retirement benefits under any state retirement system may, as any other citizen, serve in the Legislature without affecting in any way his retirement status or the receipt of retirement funds while a member of the Legislature. Such person may be paid the salary of a legislator, and per diem and mileage in connection with his official legislative duties in addition to his retirement benefits during his term of legislative service except that service as a legislator after retirement shall not increase retirement benefits. History.-s. 1, ch Legislative employee services includ ed.- (1) Aggregate days of attache service heretofore or hereafter rendered the State Legislature by any participant of the State and County Officers and Employees' Retirement System shall be computed as a part of the aggregate years of state service of such participant in said retirement system, and it shall be the duty of state officials administering the provisions of said system to allow any such participant such legislative attache service, together with other service rendered by such participant to the state or county. (2) The division and other state officials administering said retirement system shall make the contribution deductions required by law from the compensation hereafter received by any of the said participating attaches for service rendered the State Legislature in the same manner as in the case of other state employment. History.-ss. 6, 7, ch , 1955; ss. 31, 35, ch

19 F.S.1979 STATE AND COUNTY RETIREMENT SYSTEM Ch. 122 of Attorney General's opinion and Comptroller's rulings rendered prior to the declaratory decree of the Circuit Court of the Second Judicial Circuit of Florida, March, 1957, shall not be impaired or reduced. History.-ss. 1-4, ch ; s. 1, ch Seasonal state employment included; time limit and procedure for claiming.- (!) Any seasonal state employee who works for and draws compensation from the state, or any of its departments, for a period of more than 6 months during the fiscal year, that is, from July 1 of any year to June 30 of the following year, inclusive, but who works the remainder or a part of such fiscal year in the same or a similar capacity for another state or department thereof, may receive credit for the actual time employed by another state or department thereof, provided that such employee shall comply with the conditions hereinafter specified. (2) Any state employee in the classification set forth ins may elect to receive credit as a state employee under the State and County Officers and Employees' Retirement System and shall thereupon within 30 days after the end of each fiscal year file with the division upon a form to be provided by the division a statement under oath stating his name and permanent address within this state; the nature of his employment in the state during said fiscal year, giving the dates of commencement and termination thereof; the nature of his work within the state, together with his compensation from the state during said period, together with a statement that he was employed in employment of the same character out of the state during the remainder of such fiscal year; and such other information as may, in the opinion of the division, be necessary or appropriate in the carrying out of this section. Such statement shall be accompanied by a cash payment to the division by such employee of an amount equal to 6 percent, plus the state's percentage of contribution, of the salary drawn by such employee during his last full month of employment by the state, or any department thereof, for each month during said fiscal year for which such employee was not employed by the state, or any department thereof, but was employed by some other state. The division shall thereupon examine said statement, and if the same complies with this law, the division shall thereupon deposit said payment in said retirement trust fund and shall advise such person that he is entitled to credit for said additional contribution under said State and County Officers and Employees' Retirement System. The fiscal year herein referred to shall be from July 1 to June 30 of the succeeding calendar year. (3) If such person fails, or does not elect, to file said statement and make said tender within 30 days after the end of such fiscal year, such employee shall forfeit any right to credit for such time of unemployment in Florida. (4) Notwithstanding any other provision of this section, any member who would have been entitled to receive credit under this section had such member claimed such credit within the time prescribed in subsection (2) may receive credit under this section for any period to which such member would have been so entitled if such member files, prior to July 1, 1979, the required statement and cash payment, plus interest compounded annually from the date such statement was required to have been filed under subsection (2) to the date of payment at the rate of 3 percent for any period of time before July 1, 1975, and at the rate of6.5 percent for any period of time after June 30, 1975; provided however, that members purchasing out-of-state service pursuant to this section shall not claim such service in any other retirement system. History.-s. 8, ch , 1955; s. 2, ch ; ss. 31, 35, ch ; s. 1, ch ; s. 27, ch Requirements for retirement; classifications.-there shall be two retirement classifications for all state and county officers and employees participating herein as hereafter provided in this section: (1) Any state or county officer or employee who has attained normal retirement age, which shall be age 60 for persons who had become a member prior to July 1, 1963, and age 62 for persons who had or shall become a member on or after July 1, 1963, and has accumulated at least 10 years' service in the aggregate within the contemplation of this law, and who has made or makes contributions to the State and County Officers and Employees' Retirement' Trust Fund for 5 or more years as prescribed in this law, may voluntarily retire from office or employment and be entitled to receive retirement compensatitm, the amount of which shall be 2 percent for each year of service rendered, based upon the average final compensation, payable in equal monthly installments, upon his own requisition. Requisition requirements shall be set by the division. (2)(a) Any state or county officer or employee who has attained the age of 55 or more and has accumulated at least 10 years' service in the aggregate within the contemplation of this law and who has made or makes contributions to the State and County Officers and Employees' Retirement Trust Fund for 5 or more years as prescribed by this law but who is not eligible to retire in accordance with subsection (1) may elect to retire and receive a reduced benefit, which would be the actuarial equivalent of the benefits provided in subsection (1). (b) Any county officer or employee who has served as sheriff or a full-time deputy sheriff for the last 10 years or more of his employment and has attained the age of 50 or more and accumulated at least 10 years' service in the aggregate within the contemplation of this law, and who has made or makes contributions to the State and County Officers and Employees' Retirement Trust Fund for 5 or more years, as prescribed by this law, but who is not eligible to retire in accordance with subsection (1) may elect to retire and receive a reduced benefit, which would be the actuarial equivalent of the benefits provided in subsection (1). (3) Any state or county officer or employee shall have the right at any time prior to receipt of his first monthly installment of retirement compensation to elect to receive a reduced retirement compensation with the provisions that if such officer or employee dies after retirement compensation installments have commenced the excess if any ofhis total contributions made to the retirement trust fund, without interest, over the total retirement compensation re- 569

20 Ch. 122 STATE AND COUNTY RETIREMENT SYSTEM F.S.1979 ceived by him shall be paid in accordance with the beneficiary designation of this law. The amount of such reduced retirement compensation shall be the actuarial equivalent of the amount of such retirement compensation otherwise payable to him. (4) Any state or county officer or employee shall have the right at any time prior to receipt of his or her first monthly installment of retirement compensation to elect to receive a reduced retirement compensation with the provision that the surviving spouse shall continue to draw such reduced retirement compensation, or one-half thereof if so designated, so long as such spouse shall live. The amount of such reduced retirement compensation shall be the actuarial equivalent of the amount of such retirement compensation otherwise payable such officer or employee. Any state or county officer or employee who becomes eligible for retirement and continues to hold office or be employed shall be construed to have selected the option herein which will afford the surviving spouse the greatest amount of benefits. Should such officer or employee die before retiring, his surviving spouse shall be entitled to receive either the accumulated contributions of such officer or employee at the date of death or the reduced retirement compensation to which the surviving spouse would have been entitled under such option, calculated on the assumption that such officer or employee retired on the date of his death; provided, that for all those persons who become members of the retirement system on or after July 1, 1963, the amount of retirement compensation otherwise payable to the member at his date of death shall be determined on the basis of a retirement age of 62 years. Any officer or employee shall have the right at the time of retirement to change the option so provided; and, should the option be changed or not at the time of retirement, such option shall be effective immediately upon retirement and thereafter may not be revoked. (5) Tables for computing the actuarial equivalent shall be approved by the division. (6) Any person retiring under the disability provision of this chapter shall not be entitled to the options of subsection (4). (7) No state or county official or employee who has a shortage in his accounts, as certified by the auditor general, may retire or receive any benefits under this chapter so long as such shortage exists. (8) Any member of the retirement system whose rights have been preserved under s (3), and who has had 30 years of service may exercise the option provided for in subsection (4) as it applies to persons who are eligible for normal retirement benefits. (9) Notwithstanding any other provision in this chapter to the contrary, the following provisions shall apply to any officer or employee who has accumulated at least 10 years of service and dies; (a) If the deceased member's surviving spouse has previously received a refund of the member's contributions made to the retirement trust fund, such spouse may pay to the division an amount equal to the sum of the amount of the deceased member's contributions previously refunded and interest at 3 percent compounded annually on the amount of 570 such refunded contributions from the date of refund until July 1, 1975, and thereafter at the rate of 6.5 percent interest compounded annually to the date of payment to the division, and by so doing be entitled to receive the monthly retirement benefit provided in paragraph (c). (b) If the deceased member's surviving spouse has not received a refund of the deceased member's contributions, such spouse shall, upon application to the division, receive the monthly retirement benefit provided in paragraph (c). (c) The monthly benefit payable to the spouse described in paragraphs (a) or (b) shall be the amount which would have been payable to the deceased member's spouse, assuming that the member retired on the date of his death and had selected the option in subsection (4) which would afford the surviving spouse the greatest amount of benefits, such benefit to be based on the ages of the spouse and member as of the date of death of the member. Such benefit shall commence on the first day of the month following the payment of the aforesaid amount to the division, if paragraph (a) is applicable, or on the first day of the month following the receipt of the spouse's application by the division, if paragraph (b) is applicable. History.-s. 9, ch , 1955; ss. 3 5, ch ; s. 1, ch ; s. 1, ch ; s. 2, ch ; s. 4, ch ; ss. I, 2, 8, ch ; s. 8, ch ; ss. 31, 35, ch ; s. I, ch ; s. I, ch ; ss. 6, 10, ch Disability retirement; medical examinations.-whenever any officer or employee of the state or county of the state has service credit as such officer or employee for 10 years within the contemplation ofthis law, the last 5 years of which, except for a single break not to exceed 1 year, must be continuous, unbroken service and who is regularly contributing to the State and County Officers and Employees' Retirement Trust Fund and shall while holding such office or employment become permanently and totally disabled, physically or mentally, or both, from rendering useful and efficient service as such officer or employee, such officer or employee may retire from his office or employment, and upon such retirement he shall be paid, so long as his permanent and total disability continues, on his own monthly requisition, from the State and County Officers and Employees' Retirement Trust Fund hereinafter established, retirement compensation as provided in s ; provided that no officer or employee retiring under this section shall receive less than 50 percent of his average final compensation not to exceed $75, provided further that the minimum benefits shall not apply to an officer or employee who has attained the age of60 or is receiving disability payments from social security. No officer or employee of the state and county of the state shall be permitted to retire under the provisions of this section until examined by a duly qualified physician or surgeon or board of physicians and surgeons, to be selected by the Governor for that purpose, and found to be disabled in the degree and in the manner specified in this section. Any officer or employee retiring under this section shall be examined periodically by a duly qualified physician or surgeon or board of physicians and surgeons to be selected by the Governor for that purpose and paid from the retirement