| 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 |
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| 7 | Be It Enacted by the Legislature of the State of Florida: |
| 8 |
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| 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 paragraph |
| 42 | (c), with interest computed to the retired member's retirement |
| 43 | date. The benefit shall be recalculated and increased to include |
| 44 | the additional service credit granted for such wartime military |
| 45 | service, and a lump-sum payment shall be made to the retiree for |
| 46 | the amount owed due to the additional service credit, |
| 47 | retroactive to the date of retirement. |
| 48 | 2. Any person whose retirement date is on or after July 1, |
| 49 | 1985, must claim such service and pay the required |
| 50 | contributions, as provided in subparagraph (a)3. paragraph (c), |
| 51 | prior to the commencement of his or her retirement benefits, as |
| 52 | provided in this subsection. |
| 53 | (c)(e) Any member claiming credit under this subsection |
| 54 | must certify on the form prescribed by the department that |
| 55 | credit for such service has not and will not be claimed for |
| 56 | retirement purposes under any other federal, state, or local |
| 57 | retirement or pension system where "length of service" is a |
| 58 | factor in determining the amount of compensation received, |
| 59 | except where credit for such service has been granted in a |
| 60 | pension system providing retired pay for nonregular service as |
| 61 | provided in paragraph (b)(d). If the member dies prior to |
| 62 | retirement, the member's beneficiary must make the required |
| 63 | certification before credit may be claimed. If such |
| 64 | certification is not made by the member or the member's |
| 65 | beneficiary, credit for wartime military service shall not be |
| 66 | allowed. |
| 67 | (d)(f) Service credit awarded for wartime military service |
| 68 | shall be the total number of years, months, and days from and |
| 69 | including the date of entry into active duty through the date of |
| 70 | discharge from active duty, up to a maximum of 4 years. If the |
| 71 | military service includes a partial year, it shall be stated as |
| 72 | a fraction of a year. Creditable military service shall be |
| 73 | calculated in accordance with rule 60S-2.005(2)(j), Florida |
| 74 | Administrative Code. |
| 75 | Section 2. This act shall take effect July 1, 2006. |