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Florida Statute 112.625 - Full Text and Legal Analysis
Florida Statute 112.625 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 112.625 Case Law from Google Scholar Google Search for Amendments to 112.625

The 2025 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS
Chapter 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS
View Entire Chapter
112.625 Definitions.As used in this act:
(1) “Benefit increase” means a change or amendment in the plan design or benefit structure which results in increased benefits for plan members or beneficiaries.
(2) “Enrolled actuary” means an actuary who is enrolled under Subtitle C of Title III of the Employee Retirement Income Security Act of 1974 and who is a member of the Society of Actuaries or the American Academy of Actuaries.
(3) “Governmental entity” means the state, for the Florida Retirement System, and the county, municipality, special district, or district school board which is the employer of the member of a local retirement system or plan.
(4) “Named fiduciary,” “board,” or “board of trustees” means the person or persons so designated by the terms of the instrument or instruments, ordinance, or statute under which the plan is operated.
(5) “Pension or retirement benefit” means any benefit, including a disability benefit, paid to a member or beneficiary of a retirement system or plan as defined in subsection (8).
(6) “Plan administrator” means the person so designated by the terms of the instrument or instruments, ordinance, or statute under which the plan is operated. If no plan administrator has been designated, the plan sponsor shall be considered the plan administrator.
(7) “Plan sponsor” means the local governmental entity that has established or that may establish a local retirement system or plan.
(8) “Retirement system or plan” means any employee pension benefit plan supported in whole or in part by public funds, provided such plan is not:
(a) An employee benefit plan described in s. 4(a) of the Employee Retirement Income Security Act of 1974, which is not exempt under s. 4(b)(1) of such act;
(b) A plan which is unfunded and is maintained by an employer primarily for the purpose of providing deferred compensation for a select group of management or highly compensated employees;
(c) A coverage agreement entered into pursuant to s. 218 of the Social Security Act;
(d) An individual retirement account or an individual retirement annuity within the meaning of s. 408, or a retirement bond within the meaning of s. 409, of the Internal Revenue Code of 1954;
(e) A plan described in s. 401(d) of the Internal Revenue Code of 1954; or
(f) An individual account consisting of an annuity contract described in s. 403(b) of the Internal Revenue Code of 1954.
(9) “Statement value” means the value of assets in accordance with s. 302(c)(2) of the Employee Retirement Income Security Act of 1974 and as permitted under regulations prescribed by the Secretary of the Treasury as amended by Pub. L. No. 100-203, as such sections are in effect on August 16, 2006. Assets for which a fair market value is not provided shall be excluded from the assets used in the determination of annual funding cost.
History.s. 14, ch. 79-183; s. 2, ch. 83-37; s. 1, ch. 2000-264; s. 7, ch. 2004-305; s. 1, ch. 2008-139; s. 41, ch. 2023-8.

F.S. 112.625 on Google Scholar

F.S. 112.625 on CourtListener

Amendments to 112.625


Annotations, Discussions, Cases:

Cases Citing Statute 112.625

Total Results: 4  |  Sort by: Relevance  |  Newest First

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Branca v. City of Miramar, 634 So. 2d 604 (Fla. 1994).

Cited 13 times | Published | Supreme Court of Florida | 1994 WL 6613

...The city's actuary did not disagree with the actuarial unsoundness of the plan but expressed the opinion that ordinance 88-16 had established a deferred compensation plan for a select group of management or highly compensated employees which was exempted from the requirement of actuarial soundness by section 112.625(1)(b), Florida Statutes (1987)....
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Ago (Fla. Att'y Gen. 1996).

Published | Florida Attorney General Reports

both retirement plans for the same service. Section 112.625(1), Florida Statutes, provides that, for purposes
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Ago (Fla. Att'y Gen. 1980).

Published | Florida Attorney General Reports

...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....
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Branca v. City of Miramar, 602 So. 2d 1374 (Fla. Dist. Ct. App. 1992).

Published | District Court of Appeal of Florida | 1992 Fla. App. LEXIS 8650, 1992 WL 191304

...Appellant argues that the City’s proper recourse would have been to sue its actuarial consultant, since the actuary advised the City that the ordinance was constitutional. However, we agree with the City that such action would have left unresolved the constitutional issue. . Section 112.625(l)(a-f) define six types of retirement or pension plans that are exempt from the funding and actuarial requirements stated in Part VII....
...eferred compensation, after the Division's legal opinion that found the pension plan to be unconstitutional. Furthermore, the Ordinance, according to Mr. Palmquist, did not provide for a “named fiduciary" or “plan administrator” as required by section 112.625....