Florida Senate - 2019 (PROPOSED BILL) SPB 7028 FOR CONSIDERATION By the Committee on Governmental Oversight and Accountability 585-01426-19 20197028pb 1 A bill to be entitled 2 An act relating to judicial retirement; amending s. 3 121.052, F.S.; modifying provisions authorizing 4 justices or judges to purchase additional service 5 credit in the Florida Retirement System under certain 6 circumstances to conform to the revisions made to the 7 mandatory judicial retirement age established in s. 8, 8 Art. V of the State Constitution; providing an 9 effective date. 10 11 Be It Enacted by the Legislature of the State of Florida: 12 13 Section 1. Subsection (4) of section 121.052, Florida 14 Statutes, is amended to read: 15 121.052 Membership class of elected officers.— 16 (4) PARTICIPATION BY ELECTED OFFICERS SERVING A SHORTENED 17 TERM DUE TO APPORTIONMENT, FEDERAL INTERVENTION, ETC.— 18 (a) A duly elected officer whose term of office was 19 shortened by legislative or judicial apportionment pursuant to 20 s. 16, Art. III of the State Constitution may, after the term of 21 office to which he or she was elected is completed, pay into the 22 Florida Retirement System Trust Fund the amount of contributions 23 that would have been made by the officer or the officer’s 24 employer on his or her behalf, plus 4 percent interest 25 compounded annually from the date he or she left office until 26 July 1, 1975, and 6.5 percent interest compounded annually 27 thereafter, and may receive service credit for the length of 28 time the officer would have served if such term had not been 29 shortened by apportionment. 30 (b) Any duly elected officer whose term of office was 31 shortened because the election at which he or she was elected 32 was delayed as a result of federal intervention under the 33 federal Voting Rights Act may, after the term of office to which 34 he or she was elected is completed, pay into the System Trust 35 Fund the amount of contributions that would have been made by 36 the employee or by the employer on his or her behalf for the 37 period of time the assumption of office was delayed, plus 4 38 percent interest compounded annually from the date he or she 39 assumed office until July 1, 1975, and 6.5 percent interest 40 compounded annually thereafter, and may receive service credit 41 for the length of time he or she would have served if such term 42 had not been shortened by delay of the election. 43 (c) For the purpose of this chapter, “creditable service” 44 includes the period from November 1972 to January 1973 which 45 would have been served by an elected county officer but for the 46 enactment of chapter 67-510, Laws of Florida, if the inclusion 47 of such period would provide any person affected with sufficient 48 creditable service to qualify for retirement benefits pursuant 49 to this chapter. 50 (d)1. Any justice or judge, or any retired justice or judge 51 who retired before July 1, 1993, who
hasattained the age of 70 52 years before July 1, 2019, and who was isprevented under s. 8, 53 Art. V of the State Constitution from completing his or her term 54 of office because of age may elect to purchase credit for all or 55 a portion of the months he or she would have served during the 56 remainder of the term of office; however, he or she may claim 57 those months only after the date the service would have 58 occurred. The justice or judge must pay into the Florida 59 Retirement System Trust Fund the amount of contributions that 60 would have been made by the employer on his or her behalf for 61 the period of time being claimed, plus 6.5 percent interest 62 thereon compounded each June 30 from the date he or she left 63 office, in order to receive service credit in this class for the 64 period of time being claimed. After the date the service would 65 have occurred, and upon payment of the required contributions, 66 the retirement benefit of a retired justice or judge shall be 67 adjusted prospectively to include the additional creditable 68 service; however, such adjustment may be made only once. 69 2. Any justice or judge who did doesnot seek retention or 70 election to a subsequent term of office because he or she was 71 would beprevented under s. 8, Art. V of the State Constitution 72 from completing such term of office upon attaining the age of 70 73 years may elect to purchase service credit for service as a 74 temporary judge as assigned by the court if the temporary 75 assignment immediately follows the last full term of office 76 served and the purchase is limited to the number of months of 77 service needed to vest retirement benefits. To receive 78 retirement credit for such temporary service beyond termination, 79 the justice or judge must pay into the Florida Retirement System 80 Trust Fund the amount of contributions that would have been made 81 by the justice or judge and the employer on his or her behalf 82 had he or she continued in office for the period of time being 83 claimed, plus 6.5 percent interest thereon compounded each June 84 30 from the date he or she left office. 85 Section 2. This act shall take effect July 1, 2019.