1998 Florida Code
TITLE XXIII MOTOR VEHICLES
Chapter 321 Highway Patrol  
321.19   Computing length of service; definitions; examining committee.

321.19  Computing length of service; definitions; examining committee.--

(1)(a)  The computation of the length of service under this law shall include the total time spent with the 1Department of Public Safety since its creation in chapter 19551, Laws of Florida, 1939, and previous law enforcement service, not to exceed 10 years' credit, for members employed by the department prior to January 1, 1945, and previous law enforcement service shall mean service in the state on a regular monthly or annual salary basis.

(b)  Members employed on or after January 1, 1945, may claim credit for 50 percent of the total time served by the individual as a law enforcement officer prior to becoming a member of the highway patrol.

(c)  Members, claiming credit under paragraph (a) shall, within 90 days of the effective date of this law, pay to the department pension fund the sum of $5 for each month of such previous law enforcement service credit claimed, and members employed after July 1, 1953, shall receive no credit for law enforcement service prior to becoming a member of the highway patrol.

(d)  The surviving spouse or other dependent of any member whose employment is terminated by death shall, upon application to the director of the Division of Retirement, be permitted to pay the required contributions for any service performed by the member which could have been claimed by the member at the time of his or her death. Such service shall be added to the creditable service of the member and used in the calculation of any benefits which may be payable to the surviving spouse or other surviving dependent.

(2)  The term "total disability" shall be construed to mean the loss of eyesight, speech, right arm, both legs, or other injury, as a result of occupation while in the performance of duty, which shall totally disable such person for the performance of manual labor.

(3)  The term "partial disability" shall be construed to mean the loss of hearing, nose, one eye, one leg, left arm, fingers on either hand, or any other member of the body which comes within the common law of mayhem, or any other injury which shall partially disable such person for the performance of manual labor, as the result of occupation while in the performance of duty, which shall render such member temporarily incapable of performing his or her duties.

(4)  The 2director of the Division of Health of the Department of Health and Rehabilitative Services and two other reputable physicians, one to be appointed by the Department of Highway Safety and Motor Vehicles and one by the applicant, shall examine every applicant for a pension on the grounds of disability, and shall determine whether or not total or partial disability exists, and if partial, the extent thereof, and shall certify the results of their findings to the executive director of the department and to the Governor and Cabinet, as head of the department, which findings shall be binding upon the department.

(5)  A member of the retirement system created by this chapter who has been eligible or becomes eligible to receive workers' compensation payments for an injury or illness occurring during his or her employment while a member of any state retirement system shall be subject to the following provisions:

(a)  If the member receives no salary payments for the period of time he or she receives workers' compensation payments, upon the member's return to active employment, he or she shall receive full retirement credit for the period for which workers' compensation payments were received. No employee or employer contributions shall be required in order for the member to receive retirement credit for such period. Such credit shall be based on the member's rate of monthly compensation immediately prior to his or her receiving workers' compensation payments; or

(b)  If the member receives partial salary for the period of time he or she receives workers' compensation payments, the required employee contributions shall be deducted from his or her partial salary each pay period, and, upon the member's return to active employment, he or she shall receive full retirement credit for the period for which workers' compensation payments were received. Such credit shall be based on the member's rate of monthly compensation immediately prior to his or her receiving workers' compensation payments; or

(c)  If the member is retained in full-pay status in lieu of receiving workers' compensation payments, the required employee contributions shall be deducted from his or her salary each pay period, and the member shall receive retirement credit for such period in the same manner he or she would have received credit had he or she not been injured or incapacitated.

History.--s. 5, ch. 22863, 1945; s. 8, ch. 26800, 1951; s. 1, ch. 28124, 1953; ss. 19, 24, 35, ch. 69-106; s. 5, ch. 72-334; s. 3, ch. 72-345; s. 6, ch. 72-347; s. 70, ch. 79-40; s. 116, ch. 92-279; s. 55, ch. 92-326; s. 40, ch. 94-249; s. 921, ch. 95-148.

1Note.--The Department of Public Safety was merged into the Department of Highway Safety and Motor Vehicles by s. 24, ch. 69-106.

2Note.--Section 3, ch. 75-48, abolished the Division of Health and assigned its functions to the Department of Health and Rehabilitative Services. The Department of Health and Rehabilitative Services was redesignated as the Department of Children and Family Services by s. 5, ch. 96-403, and the Department of Health was created by s. 8, ch. 96-403.