CopyAgo (Fla. Att'y Gen. 1980).
Published | Florida Attorney General Reports
...For example, part VII does not expressly or impliedly by virtue of any irreconcilably conflicting provisions terminate the compulsory participation of local employees of a municipality that has elected to participate in the Florida Retirement System. See s.
121.051 (2)(b)1. and 4., F. S. Section
112.62 , F....
...433 (Fla. 1918); and AGO 057-269. In this case all of part VII of ch. 112, F. S., must be construed as a whole in order to give effect to the legislative intent as expressed in ch. 78-170, Laws of Florida, as amended by ch. 79-183, Laws of Florida. Section 112.62 , among other things, provides that the provisions of part VII `are applicable to any and all units , agencies, branches, departments, boards, and institutions of state , county, special district, and municipal governments which partic...
...79-183, which provided some definitions, did not define `governmental unit' or `ultimate control.' Except in s.
112.63 (3), F. S., which employs the term `unit of local government,' nowhere is a term similar to `governmental unit' found in part VII of ch. 112, F. S. As stated in s.
112.62 , the provisions of part VII are applicable to any and all units, agencies, branches, departments, boards, and institutions of state and municipal governments which participate in, operate, or administer a retirement system or plan for public employees. Thus, absent a more definite express definition in s.
112.625 , or specific description or usage in the context, the term `governmental unit' is broad enough to encompass or relate to any agency, department, board, commission, office, or similar unit or subdivision of municipal government which by la...
...s `provide that all assets of such retirement system or plan shall be held in trust by the board of trustees or, when an irrevocable trust does not exist, by the governmental entity.' (Emphasis supplied.) The term `governmental entity' is defined by s. 112.625 (5), F....
...y a special act for the purpose of managing and controlling the retirement system or plan. It might be noted at this point that s.
112.66 (2), F. S., requires that every retirement system or plan provide for a plan administrator, which is defined by s.
112.625 (2), F. S., as the `person so designated by the terms of the instrument or instruments, ordinance, or statute under which the plan is operated.' (Emphasis supplied.) Section
112.625 (2) goes on to provide that if no plan administrator has been designated in such instrument or instruments, ordinance, or statute, the plan sponsor is to be considered the plan administrator....
...nt system or plan operates shall provide that all assets of such retirement system or plan shall be held in trust by the board of trustees or, when an irrevocable trust does not exist, by the governmental entity,' in this case, the municipality. See s. 112.625 (5)....
...y to control and manage the administration and operation of such systems or plans continue to exercise such authority until a future law amends the plan in question and vests the authority to manage and control such pension system or plan elsewhere. Section 112.625 (2), F....
