CODING: Words stricken are deletions; words underlined are additions.House Bill 0207
Florida House of Representatives - 1997 HB 207
By Representative Ziebarth
1 A bill to be entitled
2 An act relating to the Florida Retirement
3 System; amending s. 121.021, F.S.; redefining
4 the term "creditable service" to exclude
5 service as a part-time elected official;
6 amending s. 121.052, F.S.; deleting reference
7 to part-time elected officials from the
8 membership class of elected state and county
9 officers; providing an effective date.
10
11 Be It Enacted by the Legislature of the State of Florida:
12
13 Section 1. Paragraph (c) is added to subsection (17)
14 of section 121.021, Florida Statutes, 1996 Supplement, to
15 read:
16 121.021 Definitions.--The following words and phrases
17 as used in this chapter have the respective meanings set forth
18 unless a different meaning is plainly required by the context:
19 (17)(a) "Creditable service" of any member means the
20 sum of his or her past service, prior service, military
21 service, out-of-state service, workers' compensation credit,
22 and future service allowed within the provisions of this
23 chapter if all required contributions have been paid and all
24 other requirements of this chapter have been met. However, in
25 no case shall a member receive credit for more than a year's
26 service during any 12-month period. Service as applied to a
27 teacher or a nonacademic employee of a school board shall be
28 based on contract years of employment or school term years of
29 employment, as provided in chapters 122 and 238, rather than
30 12-month periods of employment.
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1 (b) For purposes of the definition of "creditable
2 service," monthly service credit under the Florida Retirement
3 System and existing state systems shall be awarded as follows:
4 1. One month of service credit shall be awarded for
5 each month of service performed prior to July 1, 1974.
6 2. One month of service credit shall be awarded for
7 each month of service performed on and after July 1, 1974, in
8 which the member was paid a salary of $100 or more. If the
9 member was paid less than $100 during a month of employment,
10 the service credit for that month shall be a fraction of one
11 month of credit, such fraction to be determined by dividing
12 the actual salary by $100.
13 3. One month of service credit shall be awarded for
14 each month of service performed on and after July 1, 1979, for
15 which the member was paid a salary of $250 or more, including
16 any amount which was set aside for participation in a deferred
17 compensation plan. If the member was paid less than $250
18 during a month of employment, the service credit for that
19 month shall be a fraction of one month of credit, such
20 fraction to be determined by dividing the actual salary
21 payment by $250.
22 4. On and after July 1, 1985, one month of service
23 credit shall be awarded for each month salary is paid for
24 service performed.
25 (c) Effective January 1, 1998, "creditable service"
26 does not include any period of service as a part-time elected
27 official in the offices of legislator, district school board
28 member, or county commissioner or county council member.
29 Section 2. Paragraphs (a) and (d) of subsection (2)
30 and paragraph (a) of subsection (7) of section 121.052,
31 Florida Statutes, 1996 Supplement, are amended to read:
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Florida House of Representatives - 1997 HB 207
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1 121.052 Membership class of elected state and county
2 officers.--
3 (2) MEMBERSHIP.--The following holders of state and
4 county elective office, hereinafter referred to as "elected
5 officers," whether assuming elective office by election,
6 reelection, or appointment, are members of the Elected State
7 and County Officers' Class, except as provided in subsection
8 (3):
9 (a) Any Governor, Lieutenant Governor, Cabinet
10 officer, legislator, Supreme Court justice, district court of
11 appeal judge, circuit judge, or state attorney assuming office
12 on or after July 1, 1972.
13 (d) Any constitutional county elected officer assuming
14 office on or after July 1, 1981, including any sheriff, tax
15 collector, property appraiser, supervisor of elections, clerk
16 of the circuit court, county commissioner, school board
17 member, or elected school board superintendent, or any elected
18 officer of any entity with countywide jurisdiction assuming
19 office on or after July 1, 1981, who, pursuant to general or
20 special law, exercises powers and duties that, but for such
21 general or special law, would be exercised by any of the
22 constitutional county elected officers set forth in this
23 paragraph.
24 (7) CONTRIBUTIONS.--
25 (a) The following table states the required retirement
26 contribution rates for members of the Elected State and County
27 Officers' Class and their employers in terms of a percentage
28 of the member's gross compensation. A change in a contribution
29 rate is effective with the first salary paid on or after the
30 beginning date of the change. Contributions shall be made or
31 deducted as may be appropriate for each pay period and are in
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1 addition to the contributions required for social security and
2 the Retiree Health Insurance Subsidy Trust Fund.
3
4 Dates of Contribution
5 Rate Changes Members Employers
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7 July 1, 1972, through September 30, 1977
8 Legislators 8% 8%
9 All Other Members 8% 8%
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11 October 1, 1977, through September 30, 1978
12 Legislators 8% 8%
13 All Other Members 4% 12%
14
15 October 1, 1978, through September 30, 1979
16 Legislators 8% 10.57%
17 All Other Members 4% 16.78%
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19 October 1, 1979, through September 30, 1981
20 Legislators 8% 10.57%
21 Governor, Lt. Governor, Cabinet
22 Officers 4% 16.78%
23 All Other Members 0% 20.78%
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25 July 1, 1981, through June 30, 1984
26 County Elected Officers 0% 19.30%
27
28 July 1, 1984, through September 30, 1984
29 County Elected Officers 0% 20.25%
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31 October 1, 1981, through September 30, 1984
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1 Legislators 0% 19.30%
2 Governor, Lt. Governor, Cabinet
3 Officers 0% 21.03%
4 State Attorneys, Public Defenders 0% 20.95%
5 Justices, Judges 0% 22.55%
6
7 October 1, 1984, through September 30, 1986
8 Legislators 0% 10.98%
9 Governor, Lt. Governor, Cabinet
10 Officers 0% 10.98%
11 State Attorneys, Public Defenders 0% 10.98%
12 Justices, Judges 0% 21.79%
13 County Elected Officers 0% 16.97%
14
15 October 1, 1986, through December 31, 1988
16 Legislators 0% 11.50%
17 Governor, Lt. Governor, Cabinet
18 Officers 0% 11.50%
19 State Attorneys, Public Defenders 0% 11.50%
20 Justices, Judges 0% 20.94%
21 County Elected Officers 0% 17.19%
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23 January 1, 1989, through December 31, 1989
24 Legislators 0% 13.70%
25 Governor, Lt. Governor, Cabinet
26 Officers 0% 13.70%
27 State Attorneys, Public Defenders 0% 13.70%
28 Justices, Judges 0% 22.58%
29 County Elected Officers 0% 18.44%
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31 January 1, 1990, through December 31, 1990
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1 Legislators 0% 15.91%
2 Governor, Lt. Governor, Cabinet
3 Officers 0% 15.91%
4 State Attorneys, Public Defenders 0% 15.91%
5 Justices, Judges 0% 24.22%
6 County Elected Officers 0% 19.71%
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8 January 1, 1991, through December 31, 1991
9 Legislators 0% 17.73%
10 Governor, Lt. Governor, Cabinet
11 Officers 0% 17.73%
12 State Attorneys, Public Defenders 0% 17.73%
13 Justices, Judges 0% 26.63%
14 County Elected Officers 0% 23.32%
15
16 January 1, 1992, through December 31, 1992
17 Legislators 0% 19.94%
18 Governor, Lt. Governor, Cabinet
19 Officers 0% 19.94%
20 State Attorneys, Public Defenders 0% 19.94%
21 Justices, Judges 0% 28.27%
22 County Elected Officers 0% 24.59%
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24 January 1, 1993, through December 31, 1993
25 Legislators 0% 22.14%
26 Governor, Lt. Governor, Cabinet
27 Officers 0% 22.14%
28 State Attorneys, Public Defenders 0% 22.14%
29 Justices, Judges 0% 29.91%
30 County Elected Officers 0% 25.84%
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1 January 1, 1994, through December 31, 1994
2 Legislators 0% 22.65%
3 Governor, Lt. Governor, Cabinet
4 Officers 0% 22.65%
5 State Attorneys, Public Defenders 0% 22.65%
6 Justices, Judges 0% 30.52%
7 County Elected Officers 0% 26.07%
8
9 January 1, 1995, through December 31, 1995
10 Legislators 0% 22.80%
11 Governor, Lt. Governor, Cabinet
12 Officers 0% 22.80%
13 State Attorneys, Public Defenders 0% 22.80%
14 Justices, Judges 0% 30.21%
15 County Elected Officers 0% 27.48%
16
17 January 1, 1996, through June 30, 1996
18 Legislators 0% 22.90%
19 Governor, Lt. Governor, Cabinet
20 Officers 0% 22.90%
21 State Attorneys, Public Defenders 0% 22.90%
22 Justices, Judges 0% 30.15%
23 County Elected Officers 0% 27.54%
24
25 Effective July 1, 1996
26 Legislators 0% 23.07%
27 Governor, Lt. Governor, Cabinet
28 Officers 0% 23.07%
29 State Attorneys, Public Defenders 0% 23.07%
30 Justices, Judges 0% 29.55%
31 County Elected Officers 0% 27.33%
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Florida House of Representatives - 1997 HB 207
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2 Section 3. This act shall take effect upon becoming a
3 law.
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5 *****************************************
6 HOUSE SUMMARY
7
Revises the definition of the term "creditable service"
8 with respect to the Florida Retirement System to
eliminate service as a part-time elected official in the
9 office of legislator, district school board member, or
county commissioner or county council member. See bill
10 for details.
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