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The Florida Senate

1997 Florida Statutes

121.111  Credit for military service.--

(1)  Creditable service of any member shall also include military service as defined in s. 121.021(20)(a) if:

(a)  The member is in the active employ of an employer immediately prior to such service and leaves a position, other than a temporary position, for the purpose of induction into the Armed Forces of the United States or entry upon duty in the Armed Forces of the United States;

(b)  The member is entitled to reemployment under the provisions of the Veterans' Reemployment Rights Act (38 U.S.C. ss. 2021 et seq.);

(c)  The member applies for reemployment with the same employer within the time set forth in s. 2021 or s. 2024 of the Veterans' Reemployment Rights Act, whichever is applicable, and is reemployed by such employer;

(d)  The member makes the required employee contributions, if any, and the employer makes the required employer contributions for the employee's membership class for each month of service credit during such period of military service, based upon the employee's rate of monthly compensation as of the date that the employee left his or her position, plus 4 percent interest on such contributions compounded annually from the due date of the contribution until July 1, 1975, and 6.5 percent interest compounded annually thereafter, until the payment is made to the proper retirement trust fund; and

(e)  The period of service claimed pursuant to this subsection does not exceed the periods specified by the provisions of ss. 2021 and 2024 of the Veterans' Reemployment Rights Act which are applicable in the member's case.

(2)  Any member whose initial date of employment is before January 1, 1987, who has military service as defined in s. 121.021(20)(b), and who does not claim such service under subsection (1) may receive creditable service for such military service if:

(a)  The member has completed a minimum of 10 years of creditable service;

(b)  Creditable service, not to exceed a total of 4 years, is claimed only as service earned in the Regular Class of membership; and

(c)  The member pays into the proper retirement trust fund 4 percent of gross salary, based upon his or her first year of salary subsequent to July 1, 1945, that he or she has credit for under this system, plus 4 percent interest thereon compounded annually from the date of first creditable service under this chapter until July 1, 1975, and 6.5 percent interest compounded annually thereafter, until payment is made to the proper retirement trust fund.

History.--s. 11, ch. 70-112; s. 9, ch. 74-302; s. 12, ch. 84-266; s. 1, ch. 85-220; s. 3, ch. 91-3; s. 775, ch. 95-147.