| 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 | 
 | 
| 7 | Be It Enacted by the Legislature of the State of Florida: | 
| 8 | 
 | 
| 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. |