112.05 Retirement; cost-of-living adjustment; employment after retirement.—
(1)(a) Whenever any state official or state employee has attained the age of 70 years or more and has served the state as either an official or employee, or both, for as much as 20 consecutive years or more or for an aggregate time of 30 years or more, or whenever any state official or employee, irrespective of age, has served the state as either an official or employee, or both, for 30 consecutive years or more, or for as much as an aggregate of 35 years or more, such official or employee may retire from office as such official or employee with the right to be paid, and shall be paid monthly on his or her own requisition during the remainder of his or her natural life one-half the amount of the average monthly salary received during the last 10 years of such service; and sufficient money to meet the requirements of this section is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated. Provided, that military service in the Armed Forces of the United States shall be computed as a part of the time specified hereinabove as entitling a state official or employee to the benefits of this section. This section shall apply only to persons retired or persons who are on a state payroll June 30, 1953, and remain continuously on a state payroll until eligible to retire. This section shall not affect any state official or employee who has already retired under any retirement act, except that no Cabinet officer qualifying shall receive less than $4,500 per year.
(b)1. Any state official or state employee who, as of January 1, 1976, has served the state as either an official or employee, or both, for 29 consecutive years, irrespective of age, and who has a terminal or critical illness, which illness is certified by two physicians licensed in this state as terminal or critical, shall be eligible for early retirement. The benefits accruing to any such person under this section shall be reduced by five-twelfths of 1 percent for each complete month by which such retirement precedes the 30 years of service required under paragraph (a).
2. Any state official or employee eligible to retire pursuant to the provisions of this paragraph may retire from office as such official or employee with the right to be paid, and shall be paid monthly on his or her own requisition, during the remainder of his or her natural life, one-half the amount of the average monthly salary received during the last 10 years of service, less the actuarial reduction provided for in subparagraph 1.
(c) Upon the death of a retired state officer or employee receiving monthly benefits under this section, the monthly benefits shall be paid through the last day of the month of death and shall terminate on that date.
(2) An annual cost-of-living adjustment shall be made to the monthly benefit payable to retirees who are retired under this section pursuant to the provisions of s. 121.101.
(3) Any person who is retired under this section may be employed by an employer who does not participate in a state-administered retirement system and may receive compensation from such employment without limiting or restricting in any way the retirement benefits payable to such person.
(4)(a) Any person who is retired under this section may be reemployed by any private or public employer after retirement and receive retirement benefits and compensation from his or her employer without limitation, except that no person may receive both a salary from reemployment with any agency participating in the Florida Retirement System and retirement benefits under this chapter for a period of 12 months immediately subsequent to the date of retirement.
(b) Any person to whom the limitation in paragraph (a) applies who violates such reemployment limitation and is reemployed with any agency participating in the Florida Retirement System prior to completion of the 12-month limitation period shall give timely notice of this fact in writing to the employer and to the division; and the person’s retirement benefits shall be suspended for the balance of the 12-month limitation period. Any person employed in violation of this subsection and any employing agency which knowingly employs or appoints such person without notifying the Department of Management Services to suspend retirement benefits shall be jointly and severally liable for reimbursement to the retirement trust fund of any benefits paid during the reemployment limitation period. To avoid liability, such employing agency shall have a written statement from the retiree that he or she is not retired from a state-administered retirement system. Any retirement benefits received by such person while reemployed during this limitation period shall be repaid to the retirement trust fund, and the retirement benefits shall remain suspended until such repayment has been made. Any benefits suspended beyond the reemployment limitation period shall apply toward the repayment of benefits received in violation of the reemployment limitation.
(c) An employer, upon employment of any person who has been retired under a state-administered retirement program, shall pay retirement contributions in an amount equal to the unfunded actuarial accrued liability portion of the employer contribution which would be required for a regular member of the Florida Retirement System.
(d) The limitations of this subsection apply to reemployment in any capacity with an employer as defined in s. 121.021(10), irrespective of the category of funds from which the person is compensated.
History.—s. 1, ch. 12293, 1927; CGL 242; s. 1, ch. 17274, 1935; s. 1, ch. 20499, 1941; s. 1, ch. 22828, 1945; ss. 1, chs. 28147, 28148, 1953; s. 1, ch. 74-303; s. 1, ch. 76-212; s. 1, ch. 80-126; s. 2, ch. 80-130; s. 1, ch. 81-307; s. 31, ch. 83-217; s. 19, ch. 84-266; s. 1, ch. 90-274; s. 3, ch. 95-146; s. 683, ch. 95-147; s. 1, ch. 96-368; s. 12, ch. 99-255.
...The Court in Zebley , however, recognized that an overall functional assessment is possible when the Secretary’s own listings are defined in terms of functional criteria. Zebley, 493 U.S. at 540 n. 21, 110 S.Ct. at 897 n. 21 (reviewing a determination under the Child-Disability Listings and mentioning specifically section 112.05(C) which requires an I.Q. of 60 through 69 and “a physical or other mental impairment imposing additional and significant restriction of function or developmental progression”). The language which the Zebley Court recognized as a functional criteria in section 112.05(C) of the Child-Disability Listings is essentially equal to section 12.05(C)’s criteria of “a physical or other mental impairment imposing additional and significant work-related limitation of function.” See 20 C.F.R. Part 404, Subpart P, Appendix 1 § 112.05(D) (1992)....
...The ALJ's ruling was based on plaintiff's failure to exhibit an impairment as severe as, or medically the equivalent of, any of the impairments listed in Appendix 1, Subpart I, following 20 C.F.R. § 416.985 (1978). [1] Prior to April, 1979, plaintiff had met the standard listed in § 112.05(B), Part B, Appendix 1, which specifies mental retardation of IQ 59 or less as presumptively disabling....
...s the evidence as preponderating otherwise. Wilkinson v. Schweiker, 640 F.2d 743, 744 (5th Cir. 1981); Strickland v. Harris, 615 F.2d at 1106. The regulations provide that a child shall be considered disabled if his IQ measures 59 or less, 20 C.F.R. § 112.05(B), Appendix 1, Subpart I; if his IQ measures 60-69 inclusive "and a physical or other mental impairment impos[es] additional and significant restriction of function or developmental progression," § 112.05(C); or if he achieves "only those developmental milestones generally acquired by children no more than one-half the child's chronological age," § 112.05(A)....
...ve a marked impairment of cognition but her ability to maintain concentration, persistence or pace, as well as her personal functioning was less than markedly impaired; and therefore Plaintiff's impairment was not functionally equivalent to Sections 112.05D or 112.05E, Appendix 1, Subpart P, Regulations No....
...Plaintiff's Claims In arguing for reversal and/or remand, Plaintiff raises the following four issues: A. Whether the Commissioner erred in finding that Plaintiff's mental retardation, learning disability and deficient visual-motor skills did not meet or equal Section 112.05(D), and whether she further erred in concluding, for the period after 12/22/97, that these impairments did not meet or equal section 12.05 C.? B....
...sting in the national and regional economies? D. Whether the Social Security Administration Appeals Council erred in failing to act upon clearly probative new and material evidence submitted with the request for review? *1354 A. The Listings Listing Section 112.05 provides, in pertinent part, as follows: 112.05 Mental Retardation: Characterized by significantly subaverage general intellectual functioning with deficits in adaptive functioning....
