Senate Bill sb1242

    Florida Senate - 2005                                  SB 1242

    By Senator Aronberg





    27-816-05

  1                      A bill to be entitled

  2         An act relating to the Florida Retirement

  3         System; amending s. 121.111, F.S.; authorizing

  4         additional persons to purchase credit for prior

  5         military wartime service; providing an

  6         effective date.

  7  

  8  Be It Enacted by the Legislature of the State of Florida:

  9  

10         Section 1.  Subsection (2) of section 121.111, Florida

11  Statutes, is amended to read:

12         121.111  Credit for military service.--

13         (2)  Any member whose initial date of employment is

14  before January 1, 1987, who has military service as defined in

15  s. 121.021(20)(b), and who does not claim such service under

16  subsection (1) may receive creditable service for such

17  military service if:

18         (a)  The member is vested;

19         (b)  Creditable service, not to exceed a total of 4

20  years, is claimed only as service earned in the Regular Class

21  of membership; and

22         (c)  The member pays into the proper retirement trust

23  fund 4 percent of gross salary, based upon his or her first

24  year of salary subsequent to July 1, 1945, that he or she has

25  credit for under this system, plus 4 percent interest thereon

26  compounded annually from the date of first creditable service

27  under this chapter until July 1, 1975, and 6.5 percent

28  interest compounded annually thereafter, until payment is made

29  to the proper retirement trust fund.

30         (d)  The member may not receive credit for any wartime

31  military service if the member also receives credit for such

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    Florida Senate - 2005                                  SB 1242
    27-816-05




 1  service under any federal, state, or local retirement or

 2  pension system where "length of service" is a factor in

 3  determining the amount of compensation received. However,

 4  credit for wartime military service may be received where the

 5  member also receives credit under a pension system providing

 6  retired pay for nonregular service in the Armed Forces of the

 7  United States in accordance with 10 U.S.C. ss. 1331 et seq.,

 8  as follows:

 9         1.  Any person whose retirement date under the Florida

10  Retirement System is prior to July 1, 1985, may claim such

11  service at any time, as provided in this subsection, upon

12  payment of contributions and interest as provided in paragraph

13  (c), with interest computed to the retired member's retirement

14  date. The benefit shall be recalculated and increased to

15  include the additional service credit granted for such wartime

16  military service, and a lump-sum payment shall be made to the

17  retiree for the amount owed due to the additional service

18  credit, retroactive to the date of retirement.

19         2.  Any person whose retirement date is on or after

20  July 1, 1985, must claim such service and pay the required

21  contributions, as provided in paragraph (c), prior to the

22  commencement of his or her retirement benefits, as provided in

23  this subsection.

24         (e)  Any member claiming credit under this subsection

25  must certify on the form prescribed by the department that

26  credit for such service has not and will not be claimed for

27  retirement purposes under any other federal, state, or local

28  retirement or pension system where "length of service" is a

29  factor in determining the amount of compensation received,

30  except where credit for such service has been granted in a

31  pension system providing retired pay for nonregular service as

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    Florida Senate - 2005                                  SB 1242
    27-816-05




 1  provided in paragraph (d). If the member dies prior to

 2  retirement, the member's beneficiary must make the required

 3  certification before credit may be claimed. If such

 4  certification is not made by the member or the member's

 5  beneficiary, credit for wartime military service shall not be

 6  allowed.

 7         (f)  Service credit awarded for wartime military

 8  service shall be the total number of years, months, and days

 9  from and including the date of entry into active duty through

10  the date of discharge from active duty, up to a maximum of 4

11  years. If the military service includes a partial year, it

12  shall be stated as a fraction of a year. Creditable military

13  service shall be calculated in accordance with rule

14  60S-2.005(2)(j), Florida Administrative Code.

15         Section 2.  This act shall take effect July 1, 2005.

16  

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18                          SENATE SUMMARY

19    Authorizes a member of the Florida Retirement System to
      purchase credit for prior military wartime service
20    regardless of when the member initially began his or her
      employment.
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