1998 Florida Code
TITLE X PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 121 Florida Retirement System  
121.053   Participation in the Elected State and County Officers' Class for retired members.

1121.053  Participation in the Elected State and County Officers' Class for retired members.--

(1)(a)  Any member who retired under any existing system as defined in s. 121.021(2), and receives a benefit thereof, and who serves in an office covered by the Elected State and County Officers' Class for a period of at least 8 years, shall be entitled to receive an additional retirement benefit for such elected officer service prior to July 1, 1990, under the Elected State and County Officers' Class of the Florida Retirement System, as follows:

1.  Upon completion of 8 or more years of creditable service in an office covered by the Elected State and County Officers' Class, s. 121.052, such member shall notify the administrator of his or her intent to purchase elected officer service prior to July 1, 1990, and shall pay the member contribution applicable for the period being claimed, plus 4 percent interest compounded annually from the first year of service claimed until July 1, 1975, and 6.5 percent interest compounded annually thereafter, until full payment is made to the Florida Retirement Trust Fund; however, such member may purchase retirement credit under the Elected State and County Officers' Class only for such service as an elected officer.

2.  Upon payment of the amount specified in subparagraph 1., the employer shall pay into the Florida Retirement Trust Fund the applicable employer contribution for the period of elected officer service prior to July 1, 1990, being claimed by the member, plus 4 percent interest compounded annually from the first year of service claimed until July 1, 1975, and 6.5 percent interest compounded annually thereafter, until full payment is made to the Florida Retirement Trust Fund.

(b)  Any retired member of the Florida Retirement System, or any existing system as defined in s. 121.021(2), who, on or after July 1, 1990, is serving in, or is elected or appointed to, an elective office covered by the Elected State and County Officers' Class shall be enrolled in the appropriate subclass of the Elected State and County Officers' Class of the Florida Retirement System, and applicable contributions shall be paid into the Florida Retirement System Trust Fund as provided in s. 121.052(7). Pursuant thereto:

1.  Any such retired member shall be eligible to continue to receive retirement benefits as well as compensation for the elected officer service for as long as he or she remains in an elective office covered by the Elected State and County Officers' Class.

2.  If any such member serves in an elective office covered by the Elected State and County Officers' Class and becomes vested under that class, he or she shall be entitled to receive an additional retirement benefit for such elected officer service.

3.  Such member shall be entitled to purchase additional retirement credit in the Elected State and County Officers' Class for any postretirement service performed in an elected position eligible for the Elected State and County Officers' Class prior to July 1, 1990, or in the Regular Class for any postretirement service performed in any other regularly established position prior to July 1, 1991, by paying the applicable Elected State and County Officers' Class or Regular Class employee and employer contributions for the period being claimed, plus 4 percent interest compounded annually from the first year of service claimed until July 1, 1975, and 6.5 percent interest compounded thereafter, until full payment is made to the Florida Retirement System Trust Fund. The contribution for postretirement Regular Class service between July 1, 1985, and July 1, 1991, for which the reemployed retiree contribution was paid, shall be the difference between such contribution and the total applicable contribution for the period being claimed, plus interest. The employer of such member may pay the applicable employer contribution in lieu of the member. If a member does not wish to claim credit for all of the postretirement service for which he or she is eligible, the service the member claims must be the most recent service.

4.  Creditable service for which credit was received, or which remained unclaimed, at retirement may not be claimed or applied toward service credit earned following renewed membership. However, service earned in accordance with the renewed membership provisions in s. 121.122 may be used in conjunction with creditable service earned under this paragraph, provided applicable vesting requirements and other existing statutory conditions required by this chapter are met.

(2)  Upon attaining his or her normal retirement date and payment of the amount specified in paragraphs (1)(a) and (b), and upon application to the administrator of the intent to retire, the member shall receive a monthly benefit under this section, in addition to any benefits already being received, which shall commence on the last day of the month of retirement and be payable on the last day of the month thereafter during his or her lifetime. The amount of such monthly benefit shall be the total percentage of retirement credit purchased under this section multiplied by the member's average monthly compensation as an elected officer, adjusted according to the option selected at retirement under s. 121.091(6).

(3)  Any renewed member, as described in subsection (1), who is not receiving the maximum health insurance subsidy provided in s. 112.363 shall be entitled to earn additional credit toward the maximum health insurance subsidy. Any additional subsidy due because of such additional credit shall be received only at the time of payment of the second career retirement benefit. In no case shall the total health insurance subsidy received by a retiree receiving benefits from initial and renewed membership exceed the maximum allowed in s. 112.363.

(4)  No retired judge consenting to temporary duty in any court, as assigned by the Chief Justice of the Supreme Court in accordance with s. 2, Art. V of the State Constitution, shall be subject to the renewed membership provisions of this section.

History.--s. 4, ch. 77-469; s. 5, ch. 83-76; s. 9, ch. 90-274; s. 5, ch. 92-122; s. 771, ch. 95-147; s. 4, ch. 97-180; s. 5, ch. 98-138.

1Note.--Section 16, ch. 98-138, provides that "[i]t is the intent of the Legislature that the amendments to sections 121.021, 121.051, 121.0515, 121.052, 121.053, 121.055, 121.071, 121.081, 121.091, 121.111, 121.121, 121.122, 121.35, and 121.40, Florida Statutes, made by this act are intended to be supplemental to other amendments to those sections which are enacted at the 1998 regular session of the Legislature, unless a contrary intent is specifically indicated in this act or in such other amendments."