HB 1195

1
A bill to be entitled
2An act relating to the Florida Retirement System; amending
3s. 121.111, F.S.; authorizing additional persons to
4purchase credit for prior military wartime service;
5providing an effective date.
6
7Be It Enacted by the Legislature of the State of Florida:
8
9     Section 1.  Subsection (2) of section 121.111, Florida
10Statutes, is amended to read:
11     121.111  Credit for military service.--
12     (2)(a)  Any member whose initial date of employment is
13before January 1, 1987, who has military service as defined in
14s. 121.021(20)(b), and who does not claim such service under
15subsection (1) may receive creditable service for such military
16service if:
17     1.(a)  The member is vested;
18     2.(b)  Creditable service, not to exceed a total of 4
19years, is claimed only as service earned in the Regular Class of
20membership; and
21     3.(c)  The member pays into the proper retirement trust
22fund 4 percent of gross salary, based upon his or her first year
23of salary subsequent to July 1, 1945, that he or she has credit
24for under this system, plus 4 percent interest thereon
25compounded annually from the date of first creditable service
26under this chapter until July 1, 1975, and 6.5 percent interest
27compounded annually thereafter, until payment is made to the
28proper retirement trust fund.
29     (b)(d)  The member may not receive credit for any wartime
30military service if the member also receives credit for such
31service under any federal, state, or local retirement or pension
32system where "length of service" is a factor in determining the
33amount of compensation received. However, credit for wartime
34military service may be received where the member also receives
35credit under a pension system providing retired pay for
36nonregular service in the Armed Forces of the United States in
37accordance with 10 U.S.C. ss. 1331 et seq., as follows:
38     1.  Any person whose retirement date under the Florida
39Retirement System is prior to July 1, 1985, may claim such
40service at any time, as provided in this subsection, upon
41payment of contributions and interest as provided in
42subparagraph (a)3. paragraph (c), with interest computed to the
43retired member's retirement date. The benefit shall be
44recalculated and increased to include the additional service
45credit granted for such wartime military service, and a lump-sum
46payment shall be made to the retiree for the amount owed due to
47the additional service credit, retroactive to the date of
48retirement.
49     2.  Any person whose retirement date is on or after July 1,
501985, must claim such service and pay the required
51contributions, as provided in subparagraph (a)3. paragraph (c),
52prior to the commencement of his or her retirement benefits, as
53provided in this subsection.
54     (c)(e)  Any member claiming credit under this subsection
55must certify on the form prescribed by the department that
56credit for such service has not and will not be claimed for
57retirement purposes under any other federal, state, or local
58retirement or pension system where "length of service" is a
59factor in determining the amount of compensation received,
60except where credit for such service has been granted in a
61pension system providing retired pay for nonregular service as
62provided in paragraph (b) (d). If the member dies prior to
63retirement, the member's beneficiary must make the required
64certification before credit may be claimed. If such
65certification is not made by the member or the member's
66beneficiary, credit for wartime military service shall not be
67allowed.
68     (d)(f)  Service credit awarded for wartime military service
69shall be the total number of years, months, and days from and
70including the date of entry into active duty through the date of
71discharge from active duty, up to a maximum of 4 years. If the
72military service includes a partial year, it shall be stated as
73a fraction of a year. Creditable military service shall be
74calculated in accordance with rule 60S-2.005(2)(j), Florida
75Administrative Code.
76     Section 2.  This act shall take effect July 1, 2007.


CODING: Words stricken are deletions; words underlined are additions.