1998 Florida Code
TITLE XXIII MOTOR VEHICLES
Chapter 321 Highway Patrol  
321.17   Contributions; leaving patrol; leave of absence; transferees.

321.17  Contributions; leaving patrol; leave of absence; transferees.--

(1)  Every member of the Department of Highway Safety and Motor Vehicles who has subscribed to the constitutional oath of office shall come under the provisions of this law and, beginning July 1, 1965, shall contribute every month 7 percent of his or her monthly salary, to be deducted by the Comptroller and paid into the State Treasury to the credit of the Highway Patrol Pension Trust Fund. However, effective July 1, 1981, members shall make no contributions to the plan, and the Department of Highway Safety and Motor Vehicles shall henceforth make all contributions required under this subsection for the members. A member who ceases to be an employee after completing 10 or more years of service may elect to leave his or her contributions on deposit and be eligible to receive retirement benefits upon attaining normal retirement age.

(2)  Such members as are eligible for service credit as set forth under s. 321.19(1) may pay to the Treasurer to the credit of the Highway Patrol Pension Trust Fund, the sum of $5 for each month of such service credit. Satisfactory proof of former service must be furnished the Division of Retirement in the form of a sworn, written statement from the member's former employer or other reliable person, or other documents of proof as may be required by them. Such money as becomes due by reason of this clause shall be paid by said employee in equal monthly payments over a period not to exceed 60 months after October 1, 1945. Employees who fail to take advantage of the benefits offered under s. 321.19(1) within 90 days after October 1, 1945, shall forfeit such service credits forever. New members who may hereafter enter the service of division of the Florida Highway Patrol who fail to take advantage of the benefits offered under s. 321.19(1) within 90 days after time of employment shall forfeit such service credits forever.

(3)  Should a member cease to be an employee of the Department of Highway Safety and Motor Vehicles because of death or by any other reason before attaining retirement or before becoming eligible for benefits for other reasons, the Comptroller shall pay to him or her or a designated beneficiary all of the contributions made by the member standing to his or her credit in the Highway Patrol Pension Trust Fund. Such request for refund shall be made by written requisition signed by the executive director of the department. Any member may file in writing a designation of beneficiary. The member shall, at any time, have the privilege of changing the designated beneficiary provided such change shall be in writing. If no such written designation has been made or if the designated beneficiary predeceases the member, the beneficiary shall be the estate of the member.

(4)  Members who have served in the nation's armed services and return to service with the Florida Highway Patrol shall be given full service credit for such time provided a contribution is made for a period not to exceed 5 years into the Highway Patrol Pension Trust Fund in an amount equal to that which would have been contributed had such member remained in the service of the patrol.

(5)  Any Florida highway patrol officer who was hired between November 1, 1939, and June 30, 1968, inclusive, and has service which was performed in a Florida Highway Patrol recruit training school or the Florida Highway Patrol Training Academy prior to taking the constitutional oath of office, for which no retirement contributions were paid, shall be given service credit under this chapter for such time, provided the proper contributions are paid. The member shall contribute the total employee and employer contributions required under the highway patrol pension plan during the period claimed, plus 4-percent interest compounded annually from the first year of service until July 1, 1975, and 6.5-percent interest compounded annually thereafter, until full payment is made to the Highway Patrol Pension Trust Fund. Any governmental entity may elect to contribute on behalf of such member up to 50 percent of the amount required to purchase prior service credit under this subsection.

(6)  Any Florida highway patrol officer who prior to becoming a Florida highway patrol officer was a member of the high hazard section of the State and County Retirement System as a law enforcement officer, and who is not receiving retirement benefits under said fund, may become a member of the highway patrol retirement plan. If such patrol officer has not received a refund from the State and County Retirement System, the amount he or she has paid into said fund, exclusive of amounts paid for social security coverage, plus the amount the state has paid into said fund to match the employee's payments shall be transferred from the State and County Retirement System to the Highway Patrol Pension Trust Fund. If such person has received a refund from the State and County Retirement System, he or she shall, within 2 years from the time of becoming a member of the Florida Highway Patrol, pay an amount equal to the amount refunded into the Florida Highway Patrol Pension Trust Fund. In either event, the Highway Patrol Pension Trust Fund shall give credit for time accrued and other benefits equivalent to the amount transferred or paid in.

History.--s. 3, ch. 22863, 1945; s. 6, ch. 26800, 1951; s. 2, ch. 28121, 1953; s. 2, ch. 61-119; s. 2, ch. 65-550; ss. 24, 31, 35, ch. 69-106; s. 1, ch. 69-120; s. 3, ch. 69-128; s. 1, ch. 69-1753; s. 2, ch. 71-181; s. 1, ch. 73-326; s. 93, ch. 73-333; s. 5, ch. 81-214; s. 10, ch. 83-76; s. 115, ch. 92-279; s. 55, ch. 92-326; s. 39, ch. 94-249; s. 920, ch. 95-148.