1 | A bill to be entitled |
2 | An act relating to the Florida Retirement System; amending |
3 | s. 121.111, F.S.; authorizing additional persons to |
4 | purchase credit for prior military wartime service; |
5 | providing an effective date. |
6 |
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7 | Be It Enacted by the Legislature of the State of Florida: |
8 |
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9 | Section 1. Subsection (2) of section 121.111, Florida |
10 | Statutes, is amended to read: |
11 | 121.111 Credit for military service.-- |
12 | (2)(a) Any member whose initial date of employment is |
13 | before January 1, 1987, who has military service as defined in |
14 | s. 121.021(20)(b), and who does not claim such service under |
15 | subsection (1) may receive creditable service for such military |
16 | service if: |
17 | 1.(a) The member is vested; |
18 | 2.(b) Creditable service, not to exceed a total of 4 |
19 | years, is claimed only as service earned in the Regular Class of |
20 | membership; and |
21 | 3.(c) The member pays into the proper retirement trust |
22 | fund 4 percent of gross salary, based upon his or her first year |
23 | of salary subsequent to July 1, 1945, that he or she has credit |
24 | for under this system, plus 4 percent interest thereon |
25 | compounded annually from the date of first creditable service |
26 | under this chapter until July 1, 1975, and 6.5 percent interest |
27 | compounded annually thereafter, until payment is made to the |
28 | proper retirement trust fund. |
29 | (b)(d) The member may not receive credit for any wartime |
30 | military service if the member also receives credit for such |
31 | service under any federal, state, or local retirement or pension |
32 | system where "length of service" is a factor in determining the |
33 | amount of compensation received. However, credit for wartime |
34 | military service may be received where the member also receives |
35 | credit under a pension system providing retired pay for |
36 | nonregular service in the Armed Forces of the United States in |
37 | accordance with 10 U.S.C. ss. 1331 et seq., as follows: |
38 | 1. Any person whose retirement date under the Florida |
39 | Retirement System is prior to July 1, 1985, may claim such |
40 | service at any time, as provided in this subsection, upon |
41 | payment of contributions and interest as provided in |
42 | subparagraph (a)3. paragraph (c), with interest computed to the |
43 | retired member's retirement date. The benefit shall be |
44 | recalculated and increased to include the additional service |
45 | credit granted for such wartime military service, and a lump-sum |
46 | payment shall be made to the retiree for the amount owed due to |
47 | the additional service credit, retroactive to the date of |
48 | retirement. |
49 | 2. Any person whose retirement date is on or after July 1, |
50 | 1985, must claim such service and pay the required |
51 | contributions, as provided in subparagraph (a)3. paragraph (c), |
52 | prior to the commencement of his or her retirement benefits, as |
53 | provided in this subsection. |
54 | (c)(e) Any member claiming credit under this subsection |
55 | must certify on the form prescribed by the department that |
56 | credit for such service has not and will not be claimed for |
57 | retirement purposes under any other federal, state, or local |
58 | retirement or pension system where "length of service" is a |
59 | factor in determining the amount of compensation received, |
60 | except where credit for such service has been granted in a |
61 | pension system providing retired pay for nonregular service as |
62 | provided in paragraph (b) (d). If the member dies prior to |
63 | retirement, the member's beneficiary must make the required |
64 | certification before credit may be claimed. If such |
65 | certification is not made by the member or the member's |
66 | beneficiary, credit for wartime military service shall not be |
67 | allowed. |
68 | (d)(f) Service credit awarded for wartime military service |
69 | shall be the total number of years, months, and days from and |
70 | including the date of entry into active duty through the date of |
71 | discharge from active duty, up to a maximum of 4 years. If the |
72 | military service includes a partial year, it shall be stated as |
73 | a fraction of a year. Creditable military service shall be |
74 | calculated in accordance with rule 60S-2.005(2)(j), Florida |
75 | Administrative Code. |
76 | Section 2. This act shall take effect July 1, 2007. |