121.021 Definitions.—The following words and phrases as used in this chapter have the respective meanings set forth unless a different meaning is plainly required by the context:
(1) Gender-specific language whenever used in this chapter includes the other gender.
(2) “Existing systems” means the State and County Officers and Employees’ Retirement System, the retirement system for school teachers, and the highway patrol pensions and pension trust fund, which are consolidated in s. 121.011(2). On and after July 1, 1972, the term “existing systems” shall also include the retirement system for justices and judges established by former chapter 123 and as consolidated with the Florida Retirement System in s. 121.046.
(3) “Florida Retirement System” or “system” means the general retirement system established by this chapter, including, but not limited to, the defined benefit program administered under this part, referred to as the “Florida Retirement System Pension Plan” or “pension plan,” and the defined contribution program administered under part II of this chapter, referred to as the “Florida Retirement System Investment Plan” or “investment plan.”
(4) “Department” means the Department of Management Services.
(5) “Administrator” means the secretary of the Department of Management Services.
(6) “Actuary” or “state retirement actuary” means a fellow of the Society of Actuaries or a member of the American Academy of Actuaries or an organization of which one or more members is a fellow of the Society of Actuaries or a member of the American Academy of Actuaries or both.
(7) “Division” means the Division of Retirement in the department.
(8) “Unit” means any department, division, or subdivision of a city or any classification of city employees approved for social security coverage, as such, by the United States Department of Health and Human Services, not based on age, sex, or other classification resulting in higher than average costs for retirement benefits.
(9) “Special district” means an independent special district as defined in s. 189.012.
(10) “Employer” means any agency, branch, department, institution, university, institution of higher education, or board of the state, or any county agency, branch, department, board, district school board, municipality, metropolitan planning organization, or special district of the state which participates in the system for the benefit of certain of its employees, or a charter school or charter technical career center that participates as provided in s. 121.051(2)(d). Employers are not agents of the department, the state board, or the Division of Retirement, and the department, the state board, and the division are not responsible for erroneous information provided by representatives of employers.
(11) “Officer or employee” means any person receiving salary payments for work performed in a regularly established position and, if employed by a municipality, a metropolitan planning organization, or a special district, employed in a covered group. The term does not apply to state employees covered by a leasing agreement under s. 110.191, other public employees covered by a leasing agreement, or a coemployer relationship.
(12) “Member” means any officer or employee who is covered or who becomes covered under this system in accordance with this chapter. On and after December 1, 1970, all new members and those members transferring from existing systems shall be divided into the following classes: “Special Risk Class,” as provided in s. 121.0515; “Special Risk Administrative Support Class,” as provided in s. 121.0515(8); “Elected Officers’ Class,” as provided in s. 121.052; “Senior Management Service Class,” as provided in s. 121.055; and “Regular Class,” which consists of all members who are not in the Special Risk Class, Special Risk Administrative Support Class, Elected Officers’ Class, or Senior Management Service Class.
(13) “Disability in line of duty” means an injury or illness arising out of and in the actual performance of duty required by a member’s employment during his or her regularly scheduled working hours or irregular working hours as required by the employer. Disability resulting from drug or alcohol abuse shall not be considered in the line of duty, except when the member is expected to use alcohol in the course of his or her official work in undercover law enforcement, and such use clearly results in the member’s disability. The administrator may require such proof as he or she deems necessary as to the time, date, and cause of any such injury or illness, including evidence from any available witnesses. Workers’ compensation records under the provisions of chapter 440 may also be used.
(14) “Death in line of duty” means death arising out of and in the actual performance of duty required by a member’s employment during his or her regularly scheduled working hours or irregular working hours as required by the employer. The administrator may require such proof as he or she deems necessary as to the time, date, and cause of death, including evidence from any available witnesses. Workers’ compensation records under the provisions of chapter 440 may also be used.
(15) “Special risk member” or “Special Risk Class member” means a member of the Florida Retirement System who meets the eligibility and criteria required under s. 121.0515 for participation in the Special Risk Class.
(16) “Date of participation” means the date on which the officer or employee becomes a member.
(17)(a) “Creditable service” of any member means the sum of his or her past service, prior service, military service, out-of-state or non-FRS in-state service, workers’ compensation credit, leave-of-absence credit and future service allowed within the provisions of this chapter if all required contributions have been paid and all other requirements of this chapter have been met. However, in no case shall a member receive credit for more than a year’s service during any 12-month period. Service by a teacher, a nonacademic employee of a school board, or an employee of a participating employer other than a school board whose total employment is to provide services to a school board for the school year only shall be based on contract years of employment or school term years of employment, as provided in chapters 122 and 238, rather than 12-month periods of employment.
(b) For purposes of the definition of “creditable service,” monthly service credit under the Florida Retirement System and existing state systems shall be awarded as follows:
1. One month of service credit shall be awarded for each month of service performed prior to July 1, 1974.
2. One month of service credit shall be awarded for each month of service performed on and after July 1, 1974, in which the member was paid a salary of $100 or more. If the member was paid less than $100 during a month of employment, the service credit for that month shall be a fraction of one month of credit, such fraction to be determined by dividing the actual salary by $100.
3. One month of service credit shall be awarded for each month of service performed on and after July 1, 1979, for which the member was paid a salary of $250 or more, including any amount which was set aside for participation in a deferred compensation plan. If the member was paid less than $250 during a month of employment, the service credit for that month shall be a fraction of one month of credit, such fraction to be determined by dividing the actual salary payment by $250.
4. On and after July 1, 1985, one month of service credit shall be awarded for each month salary is paid for service performed.
(18) “Past service” of any member, as provided in s. 121.081(1), means the number of years and complete months and any fractional part of a month, recognized and credited by an employer and approved by the administrator, during which the member was in the active employ of a governmental employer and for which the employee is not entitled to a benefit before his or her date of participation.
(19) “Prior service” under part I of this chapter means:
(a) Service for which the member had credit under one of the existing systems and received a refund of his or her contributions upon termination of employment. Prior service also includes service for which the member had credit under the Florida Retirement System and received a refund of his or her contributions upon termination of employment.
(b) Service prior to an employee’s membership in the Florida Retirement System with an employer, either before or during the employer’s participation in an existing system. The word “service” as used in this paragraph and paragraph (c) means employment service prior to December 1, 1970, which, at the time it is claimed as prior service, satisfies the requirements for a regularly established position, as defined by rules of the Florida Retirement System.
(c) Service as described in paragraph (b) for which no contributions were made due to the fact that the employee made a written rejection of an existing system. If such person withdraws the rejection, the person may purchase retirement credit for all his or her service during the period of rejection. Any governmental entity may contribute up to 50 percent of the amount required to purchase any prior service under paragraph (b) and this paragraph.
(d) Service which was performed in a Florida Highway Patrol recruit training school or the Florida Highway Patrol Training Academy, prior to taking the constitutional oath of office, by any Florida highway patrol officer who was hired on or after November 1, 1939, and before July 1, 1968, and for which no retirement contributions were paid.
(20) “Military service” of any member means:
(a) Service in the Armed Forces of the United States under the conditions set forth in s. 121.111(1); or
(b) Actual “wartime service” in the Armed Forces of the United States, as defined by s. 1.01(14), or “wartime service” in the Allied Forces, not to exceed 4 years, if credit for such service has not been granted under any other federal or state system, and provided such service is not used in any other retirement system; however, this paragraph does not prohibit the use of such service as creditable service if granted and used in a pension system under chapter 67 of Title 10 of the United States Code.
(21) “Future service” of any member means service subsequent to date of the member’s participation and may include authorized leaves of absence as provided in s. 121.121.
(22) “Compensation” means the monthly salary paid a member by his or her employer for work performed arising from that employment.
(a) Compensation shall include:
1. Overtime payments paid from a salary fund.
2. Accumulated annual leave payments.
3. Payments in addition to the employee’s base rate of pay if all the following apply:
a. The payments are paid according to a formal written policy that applies to all eligible employees equally;
b. The policy provides that payments shall commence no later than the 11th year of employment;
c. The payments are paid for as long as the employee continues his or her employment; and
d. The payments are paid at least annually.
4. Amounts withheld for tax sheltered annuities or deferred compensation programs, or any other type of salary reduction plan authorized under the Internal Revenue Code.
5. Payments made in lieu of a permanent increase in the base rate of pay, whether made annually or in 12 or 26 equal payments within a 12-month period, when the member’s base pay is at the maximum of his or her pay range. When a portion of a member’s annual increase raises his or her pay range and the excess is paid as a lump sum payment, such lump sum payment shall be compensation for retirement purposes.
(b) Compensation for a member participating in the pension plan or the investment plan of the Florida Retirement System may not include:
1. Fees paid professional persons for special or particular services or salary payments made from a faculty practice plan authorized by the Board of Governors of the State University System for eligible clinical faculty at a college in a state university that has a faculty practice plan; or
2. Any bonuses or other payments prohibited from inclusion in the member’s average final compensation.
(c) For all purposes under this chapter, the member’s compensation or gross compensation contributed as employee-elective salary reductions or deferrals to any salary reduction, deferred compensation, or tax-sheltered annuity program authorized under the Internal Revenue Code shall be deemed to be the compensation or gross compensation which the member would receive if he or she were not participating in such program and shall be treated as compensation for retirement purposes under this chapter. Any public funds otherwise paid by an employer into an employee’s salary reduction, deferred compensation, or tax-sheltered annuity program on or after July 1, 1990 (the date as of which all employers were notified in writing by the division to cease making contributions to the System Trust Fund based on such amounts), shall be considered a fringe benefit and shall not be treated as compensation for retirement purposes under this chapter. However, if an employer was notified in writing by the division to cease making such contributions as of a different date, that employer shall be subject to the requirements of said written notice.
(d) For any person who first becomes a member on or after July 1, 1996, compensation for any plan year shall not include any amounts in excess of the s. 401(a)(17), Internal Revenue Code limitation (as amended by the Omnibus Budget Reconciliation Act of 1993), which limitation of $150,000 effective July 1, 1996, shall be adjusted as required by federal law for qualified government plans and shall be further adjusted for changes in the cost of living in the manner provided by s. 401(a)(17)(B), Internal Revenue Code. For any person who first became a member prior to July 1, 1996, compensation for all plan years beginning on or after July 1, 1990, shall not include any amounts in excess of the compensation limitation (originally $200,000) established by s. 401(a)(17), Internal Revenue Code prior to the Omnibus Budget Reconciliation Act of 1993, which limitation shall be adjusted for changes in the cost of living since 1989, in the manner provided by s. 401(a)(17) of the Internal Revenue Code of 1991. This limitation, which has been part of the Florida Retirement System since plan years beginning on or after July 1, 1990, shall be adjusted as required by federal law for qualified government plans.
(23) “Annual compensation” means the total compensation paid a member during a year. A “year” is 12 continuous months.
(24)(a) “Average final compensation” means:
1. For members initially enrolled before July 1, 2011, the average of the 5 highest fiscal years of compensation for creditable service before retirement, termination, or death. For in-line-of-duty disability benefits, if less than 5 years of creditable service have been completed, the term means the average annual compensation of the total number of years of creditable service. Each year used to calculate the average final compensation commences on July 1.
2. For members initially enrolled on or after July 1, 2011, the average of the 8 highest fiscal years of compensation for creditable service before retirement, termination, or death. For in-line-of-duty disability benefits, if less than 8 years of creditable service have been completed, the term means the average annual compensation of the total number of years of creditable service. Each year used to calculate average final compensation commences on July 1.
(b) The average final compensation includes:
1. Accumulated annual leave payments, not to exceed 500 hours; and
2. All payments defined as compensation in subsection (22).
(c) The average final compensation does not include:
1. Compensation paid to professional persons for special or particular services;
2. Payments for accumulated sick leave made due to retirement or termination;
3. Payments for accumulated annual leave in excess of 500 hours;
4. Bonuses as defined in subsection (47);
5. Third party payments made on and after July 1, 1990; or
6. Fringe benefits (for example, automobile allowances or housing allowances).
(25) “Average monthly compensation” means one-twelfth of average final compensation.
(26) “Accumulated contributions” means the sum of:
(a) A member’s contributions, without interest, subsequent to December 1, 1970; and
(b) The single-sum amount the member would have received if he or she was covered by an existing system prior to December 1, 1970, and had terminated membership in such system on November 30, 1970, subject to reduction on account of benefit payments as provided under certain options.
(27) “Pension” means monthly payments to a retiree derived as provided in this chapter.
(28) “Joint annuitant” means any person designated by the member to receive a retirement benefit upon the member’s death who is:
(a) The spouse of the member;
(b) The member’s natural or adopted child who is under age 25, or is physically or mentally disabled and incapable of self-support, regardless of age; or any person other than the spouse for whom the member is the legal guardian, provided that such person is under age 25 and is financially dependent for no less than one-half of his or her support from the member at retirement or at the time of death of such member, whichever occurs first; or
(c) A parent or grandparent, or a person age 25 or older for whom the member is the legal guardian, provided that such parent, grandparent, or other person is financially dependent for no less than one-half of his or her support from the member at retirement or at time of the death of such member, whichever occurs first.
(29) “Normal retirement date” means the date a member attains normal retirement age and is vested, which is determined as follows:
(a) If a Regular Class member, a Senior Management Service Class member, or an Elected Officers’ Class member initially enrolled:
1. Before July 1, 2011:
a. The first day of the month the member attains age 62; or
b. The first day of the month following the date the member completes 30 years of creditable service, regardless of age.
2. On or after July 1, 2011:
a. The first day of the month the member attains age 65; or
b. The first day of the month following the date the member completes 33 years of creditable service, regardless of age.
(b) For a Special Risk Class member:
1. The first day of the month the member attains age 55 and completes the years of creditable service in the Special Risk Class equal to or greater than the years of service required for vesting;
2. The first day of the month following the date the member completes 25 years of creditable service in the Special Risk Class, regardless of age; or
3. The first day of the month following the date the member completes 25 years of creditable service and attains age 52, which service may include a maximum of 4 years of military service credit if such credit is not claimed under any other system and the remaining years are in the Special Risk Class.
For a pension plan member, normal retirement age is attained on the normal retirement date. For an investment plan member, normal retirement age is the date a member attains his or her normal retirement date as provided in this section, or the date a member is vested under the investment plan as provided in s. 121.4501(6), whichever is later.
(30) “Early retirement date” means the first day of the month following the date a member becomes vested and elects to receive retirement benefits in accordance with this chapter. Such benefits shall be based on average monthly compensation and creditable service as of the member’s early retirement date, and the benefit so computed shall be reduced by five-twelfths of 1 percent for each complete month by which the early retirement date precedes his or her normal retirement date as provided in s. 121.091(3).
(31) “Actuarial equivalent” means a benefit of equal value when computed at regular interest upon the basis of the mortality tables adopted by the administrator.
(32) “State agency” means the Department of Management Services within the provisions and contemplation of chapter 650.
(33) “Agreement” means that certain agreement entered into October 23, 1951, between the State of Florida and the Federal Security Administrator. (Chapter 650 implements the procedure to provide for social security coverage.)
(34) “Covered group” means the officers and employees of an employer who become members under this chapter. “Covered group” applies also when the employer is a charter technical career center, charter school, special district, or city for which coverage under this chapter is applied for by the employer and approved for social security coverage by the United States Secretary of Health and Human Services and approved by the administrator for membership under this chapter. Members of a firefighters’ pension trust fund or a municipal police officers’ retirement trust fund, established in accordance with chapter 175 or chapter 185, respectively, shall be considered eligible for membership under this chapter only after holding a referendum and by affirmative majority vote electing coverage under this chapter.
(35) “Social security coverage” means old-age, survivors, disability, and health insurance, as provided by the federal Social Security Act.
(36) “System Trust Fund” means the trust fund established in the State Treasury by this chapter for the purpose of holding and investing the contributions paid by members and employers and paying the benefits to which members or their beneficiaries may become entitled. Other trust funds may be established in the State Treasury to administer the “System Trust Fund.”
(37) “Social Security Trust Fund” means the trust fund established in the State Treasury by this chapter for the purpose of receiving the contributions paid by members and employers for payment to the Secretary of the Treasury. Other trust funds may be established to administer the “Social Security Trust Fund.”
(38) “Continuous service” means creditable service as a member, beginning with the first day of employment with an employer covered under a state-administered retirement system consolidated herein and continuing for as long as the member remains in an employer-employee relationship with an employer covered under this chapter. An absence of 1 calendar month or more from an employer’s payroll shall be considered a break in continuous service, except for periods of absence during which an employer-employee relationship continues to exist and such period of absence is creditable under this chapter or under one of the existing systems consolidated herein. However, a law enforcement officer as defined in s. 121.0515(3)(a) who was a member of a state-administered retirement system under chapter 122 or chapter 321 and who resigned and was subsequently reemployed in a law enforcement position within 12 calendar months of such resignation by an employer under such state-administered retirement system shall be deemed to have not experienced a break in service. Further, with respect to a state-employed law enforcement officer who meets the criteria specified in s. 121.0515(3)(a), if the absence from the employer’s payroll is the result of a “layoff” as defined in s. 110.107 or a resignation to run for an elected office that meets the criteria specified in s. 121.0515(3)(a), no break in continuous service shall be deemed to have occurred if the member is reemployed as a state law enforcement officer or is elected to an office which meets the criteria specified in s. 121.0515(3)(a) within 12 calendar months after the date of the layoff or resignation, notwithstanding the fact that such period of layoff or resignation is not creditable service under this chapter. A withdrawal of contributions will constitute a break in service. Continuous service also includes past service purchased under this chapter, provided such service is continuous within this definition and the rules established by the administrator. The administrator may establish administrative rules and procedures for applying this definition to creditable service authorized under this chapter. Any correctional officer, as defined in s. 943.10, whose participation in the state-administered retirement system is terminated due to the transfer of a county detention facility through a contractual agreement with a private entity pursuant to s. 951.062, shall be deemed an employee with continuous service in the Special Risk Class, provided return to employment with the former employer takes place within 3 years due to contract termination or the officer is employed by a covered employer in a special risk position within 1 year after his or her initial termination of employment by such transfer of its detention facilities to the private entity.
(39)(a) “Termination” occurs, except as provided in paragraphs (b) and (c), when a member ceases all employment, which term includes the provision of services, with all employers, however:
1. For retirements effective before July 1, 2010, if a member is employed by any employer within the next calendar month, termination shall be deemed not to have occurred. A leave of absence constitutes a continuation of the employment relationship, except that a leave of absence without pay due to disability may constitute termination if such member makes application for and is approved for disability retirement in accordance with s. 121.091(4).
2. For retirements effective on or after July 1, 2010, if a member is employed by any employer within the next 6 calendar months, termination shall be deemed not to have occurred. A leave of absence constitutes a continuation of the employment relationship, except that a leave of absence without pay due to disability may constitute termination if such member makes application for and is approved for disability retirement in accordance with s. 121.091(4).
(b) “Termination” for a member ending participation in the Deferred Retirement Option Program occurs when the program participant ceases all employment, which term includes the provision of services, with all employers in accordance with s. 121.091(13), however:
1. For termination dates occurring before July 1, 2010, if a member is employed by any employer within the next calendar month, termination shall be deemed not to have occurred, except as provided in s. 121.091(13)(b)4.c. A leave of absence constitutes a continuation of the employment relationship.
2. For termination dates occurring on or after July 1, 2010, if a member becomes employed by any employer within the next 6 calendar months, termination shall be deemed not to have occurred, except as provided in s. 121.091(13)(b)4.c. A leave of absence constitutes a continuation of the employment relationship.
(c) Effective July 1, 2011, “termination” for a member receiving a refund of employee contributions occurs when a member ceases all employment, which term includes the provision of services, with all employers for 3 calendar months. A leave of absence constitutes a continuation of the employment relationship.
All terminations must be a termination of employment consistent with 26 C.F.R. s. 1.409A-1(h)(1)(ii). After July 1, 2023, volunteer services do not constitute employment by, or provision of services to, an employer. The department or state board may require any evidence of termination necessary to determine compliance with this chapter or the rules adopted thereunder.
(40) “Plan year” means the period of time beginning July 1 and ending on the following June 30, both dates inclusive, for all state-administered retirement systems.
(41) “Effective date of retirement” means the first day of the month in which benefit payments begin to accrue pursuant to s. 121.091.
(42)(a) “Local agency employer” means the board of county commissioners or other legislative governing body of a county, however styled, including that of a consolidated or metropolitan government; a clerk of the circuit court, sheriff, property appraiser, tax collector, or supervisor of elections, provided such officer is elected or has been appointed to fill a vacancy in an elective office; a community college board of trustees or district school board; or the governing body of any city, metropolitan planning organization created pursuant to s. 339.175 or any other separate legal or administrative entity created pursuant to s. 339.175, or special district of the state which participates in the system for the benefit of certain of its employees.
(b) The term “local agency employer” also includes the governing body of any council, commission, authority, or other governmental entity created or authorized by general or special law, which participates in the Florida Retirement System for the benefit of its employees, and which is independent of any local agency employer as defined under paragraph (a).
(43) “Phased retirement program” means a program contracted by the governing board of a university or community college participating under this chapter in which a retiree may be reemployed in a faculty position provided:
(a) The member retired and met the definition of termination under this section;
(b) The retired member is reemployed for not more than 780 hours during the first 12 months of his or her retirement; and
(c) The retired member is reemployed with the university or community college from which he or she retired.
Renewed membership for a retiree participating in a phased retirement program shall be determined in accordance with s. 121.053 or s. 121.122.
(44) “DROP participant” means any member who elects to retire and participate in the Deferred Retirement Option Program as provided in s. 121.091(13).
(45) “Vested” or “vesting” means the guarantee that a member is eligible to receive a future retirement benefit upon completion of the required years of creditable service for the employee’s class of membership, even though the member may have terminated covered employment before reaching normal or early retirement date. Being vested does not entitle a member to a disability benefit. Provisions governing entitlement to disability benefits are set forth under s. 121.091(4).
(a) Effective July 1, 2001, through June 30, 2011, a 6-year vesting requirement shall be implemented for the Florida Retirement System Pension Plan:
1. Any member employed in a regularly established position on July 1, 2001, who completes or has completed a total of 6 years of creditable service is considered vested.
2. Any member not employed in a regularly established position on July 1, 2001, shall be deemed vested upon completion of 6 years of creditable service if such member is employed in a covered position for at least 1 work year after July 1, 2001. However, a member is not required to complete more years of creditable service than would have been required for that member to vest under retirement laws in effect before July 1, 2001.
3. Any member initially enrolled in the Florida Retirement System on July 1, 2001, through June 30, 2011, shall be deemed vested upon completion of 6 years of creditable service.
(b) Any member initially enrolled in the Florida Retirement System on or after July 1, 2011, shall be vested in the pension plan upon completion of 8 years of creditable service.
(46) “Beneficiary” means the joint annuitant or any other person, organization, estate, or trust fund designated by the member to receive a retirement benefit, if any, which may be payable upon the member’s death.
(47) “Bonus” means a payment made in addition to an employee’s regular or overtime salary. A bonus is usually nonrecurring, does not increase the employee’s base rate of pay, and includes no commitment for payment in a subsequent year. Such payments are not considered compensation. Effective July 1, 1989, employers may not report such payments to the division as salary, and may not make retirement contributions on such payments.
(a) A payment is a bonus if any of the following circumstances apply:
1. The payment is not made according to a formal written policy that applies to all eligible employees equally.
2. The payment commences later than the 11th year of employment.
3. The payment is not based on permanent eligibility.
4. The payment is made less frequently than annually.
(b) Bonuses shall include, but not be limited to, the following:
1. Exit bonus or severance pay.
2. Longevity payments in conformance with the provisions of paragraph (a).
3. Salary increases granted pursuant to an employee’s agreement to retire, including increases paid over several months or years prior to retirement.
4. Payments for accumulated overtime or compensatory time, reserve time, or holiday time worked, if not made within 11 months of the month in which the work was performed.
5. Lump sum payments in recognition of employees’ accomplishments.
(48) “Accumulated annual leave payment” means any payment, made either during an employee’s employment or at termination or retirement, for leave accrued during such employee’s career, which leave was intended for, but never utilized by the employee for, his or her personal use. General leave, which may be used for both sickness and vacation, is considered accumulated annual leave. When leave is initially accrued separately as annual leave or sick leave and is later combined into a consolidated leave account, only the payment for that portion of the account which represents annual leave shall be considered as compensation. If any single lump-sum annual leave payment, made at anytime during a member’s employment, exceeds 500 hours, only a maximum of 500 hours of such annual leave payment shall be considered as compensation.
(49) “Accumulated sick leave payment” means leave accrued during an employee’s career which was intended for use in the event of sickness, injury, or other health problems of a member or his or her family. General leave which may be used for both sickness and vacation is not considered sick leave. When leave is initially accrued separately as annual leave or sick leave and is later combined into a consolidated leave account, the payment for that portion of the account which represents sick leave shall not be considered compensation.
(50) “Independent contractor” means an individual who is not subject to the control and direction of the employer for whom work is being performed, with respect not only to what shall be done but to how it shall be done. If the employer has the right to exert such control, an employee-employer relationship exists, and, for purposes of this chapter, the person is an employee and not an independent contractor. The division shall adopt rules providing criteria for determining whether an individual is an employee or an independent contractor.
(51) “Previous service” means the number of years, complete months, and any fractional part of a month, as recognized and credited by an employer and approved by the administrator, of service under one of the retirement systems established by this chapter, chapter 122, former chapter 123, chapter 238, or chapter 321, on which the required contributions were paid at the member’s termination of employment, and for which the member has received no refund of contributions.
(52) “Regularly established position” means:
(a) With respect to a state employer, a position that is authorized and established pursuant to law and is compensated from a salaries and benefits appropriation pursuant to s. 216.011(1)(rr), or an established position that is authorized pursuant to s. 216.262(1)(a) and (b) and is compensated from a salaries account as provided in s. 216.011(1)(ss).
(b) With respect to a local agency employer (district school board, county agency, Florida College System institution, municipality, metropolitan planning organization, charter school, charter technical career center, or special district), other than a water management district operating pursuant to chapter 373, a regularly established position that will be in existence for a period beyond 6 consecutive months, except as provided by rule.
(c) With respect only to a water management district operating pursuant to chapter 373, a position authorized in the district’s final adopted budget and compensated from a salaries and benefits appropriation or account.
(53) “Temporary position” means:
(a) With respect to a state employer, a position that is compensated from an other personal services (OPS) account as provided in s. 216.011(1)(jj).
(b) With respect to a local agency employer, other than a water management district operating pursuant to chapter 373, a position that will exist for less than 6 consecutive months, or other position as determined by rule of the division, regardless of whether it will exist for 6 consecutive months or longer.
(c) With respect only to a water management district operating pursuant to chapter 373, a position not authorized in the district’s final adopted budget, and designated as a temporary position by the district.
(54) “Work year” means the period of time an employee is required to work during the plan year to receive a full year of retirement credit, as provided by rule.
(55) “Benefit” means any pension payment, lump-sum or periodic, to a member, retiree, or beneficiary, based partially or entirely on employer contributions or employee contributions, if applicable.
(56) “Calendar month” means one of the 12 divisions of a year as determined by the Gregorian calendar (e.g., January, April, etc.).
(57) “Calendar year” means a period of time beginning January 1 and ending on the following December 31.
(58) “Leave of absence” means a leave of absence from employment under the Florida Retirement System, subsequent to November 30, 1970, for which retirement credit may be received in accordance with s. 121.121.
(59) “Payee” means a retiree or beneficiary of a retiree who has received or is receiving a retirement benefit payment.
(60) “Retiree” means a former member of the Florida Retirement System or an existing system who has terminated employment and is receiving benefit payments from the system in which he or she was a member. This term also includes a person who retired and is receiving benefits under s. 112.05.
(61) “Signature” means the name or mark of a person as written by that person. When an “X” is used as a signature on a document, the document must include the printed names, signatures, and addresses of two persons who witnessed the signing, or the document must be notarized.
(62) “Metropolitan planning organization” means an entity created by an interlocal agreement pursuant to s. 339.175 or any other entity created pursuant to s. 339.175.
(63) “State board” means the State Board of Administration.
(64) “Trustees” means the Board of Trustees of the State Board of Administration.
(65) “Volunteer services” means services provided in accordance with s. 121.091(15).
Cited 35 times | Published | Supreme Court of Florida
...By statute, "disability in line of duty" means an injury or illness arising out of and in the actual performance of duty required by a member's employment during his regularly scheduled working hours or irregular working hours as required by the employer. § 121.021(13), Fla....
Cited 18 times | Published | Florida 1st District Court of Appeal
...int of entry for Chapter 120 proceedings within the requirements of guidelines then applicable. That letter (1) informed appellant of the agency's determination of his ineligibility after January 1974 for participation in the retirement system under § 121.021, Florida Statutes; (2) tendered *682 to him "the net amount of ......
...Section 121.111, Florida Statutes (1995), specifies what military service is creditable for Florida Retirement System purposes. [1] Appellant relies on section 121.111(2), Florida *382 Statutes (1995), which authorizes credit for "military service as defined in s. 121.021(20)(b)." In turn, section 121.021(20)(b) defines "military service" as "actual `wartime service.'" (20) "Military service" of any member means: ....
...withstanding. But, if the Legislature had intended to adopt a federal statutory definition for state retirement system purposes, it could easily have done so by reference to a federal statute, a technique it used in other parts of chapter 121. E.g., § 121.021(20)(b), Fla....
...led to judicial deference. The final order of the Division of Retirement is affirmed. BARFIELD, C.J., and KAHN, J., concur. NOTES [1] Credit for military service. (1) Creditable service of any member shall also include military service as defined in s. 121.021(20)(a) if: (a) The member is in the active employ of an employer immediately prior to such service and leaves a position, other than a temporary position, for the purpose of induction into the Armed Forces of the United States or entry upo...
...ods specified by the provisions of ss.2021 and 2024 of the Veterans' Reemployment Rights Act which are applicable in the member's case. (2) Any member whose initial date of employment is before January 1, 1987, who has military service as defined in s. 121.021(20)(b), and who does not claim such service under subsection (1) may receive creditable service for such military service if: (a) The member has completed a minimum of 10 years of creditable service; (b) Creditable service, not to exceed a...
...Division of Retirement, Case No. DR89-11 (Fla. Div. of Retirement August 2, 1990)(wartime attendance at service academy not creditable service for state retirement purposes). The record discloses no pertinent change in the Division's policy since the 1984 amendments to section 121.021(20)(b), Florida Statutes....
Cited 8 times | Published | Florida 1st District Court of Appeal
...sory members of the system are entitled to a full month's service credit for each month during which they are employed in a regularly established position without a break in continuous service, regardless of the amount of money they earn each month. Section 121.021(11), Florida Statutes (1981), defines an eligible "employee" as "any person receiving salary payments for work performed in a regularly established position." Section 216.011(1)( o ) provides that state employees fill one of two posit...
...216.011(1)( o ), Florida Statutes (1981). That rule also recognizes a regularly established position in terms of time worked by providing "it is also an employment position which will be in existence for a period of four or more consecutive months." Section 121.021(17), Florida Statutes (1981), defines an eligible employee's "creditable service" as "the sum of his past service, prior service, military service, workmen's compensation credit, and future service allowed within the provisions of this chapter." "Past service" is defined in section 121.021(18) as "the number of years and complete months and any fractional part of a month during which [the member] was in active employ of an employer prior to his date of participation" (emphasis added). The word "service" in "prior service" means "employment service which, at the time it is claimed as prior service, satisfies the requirements for a regularly established position, as defined by rules of the Florida Retirement System." § 121.021(19)(b). "Future service" is "service subsequent to date of the member's participation and may include authorized leaves of absence." § 121.021(21). "Continuous service," defined in section 121.021(38), means "creditable service as a member, beginning with the first day of employment ......
...eachers and school employees in terms of contract or school-term year of employment of less than twelve months duration, rather than in terms of the amount earned by an employee during a particular monthly or yearly period. Rule 22B-6.01(3), echoing section 121.021(38), defines a break in "continuous services" for purposes of the Florida Retirement System as meaning that "[a]n absence of one calendar month or more from the employer's payroll shall be considered a break in continuous service for...
...he Florida Retirement System act; and the minimum pay amounts incorporated by the rule are arbitrary and not reasonably related to the purpose of the act. See, Agrico Chemical Co. v. State, supra . AFFIRMED. SHIVERS and MILLS, JJ., concur. NOTES [1] § 121.021(11), Fla. Stat. (1981). [2] § 121.021(12), Fla....
Cited 5 times | Published | Florida 1st District Court of Appeal
...The Florida Retirement System Act defines "disability in line of duty" as "... an injury or illness arising out of and in the actual performance of duty required by a member's employment during his regularly scheduled working hours or irregular working hours as required by the employer." Sec. 121.021(13), F.S....
...occurs." Bituminous Cas. Corp. v. Richardson, 148 Fla. 323, 325, 4 So.2d 378, 379 (1941). The linkage between workmen's compensation concepts and the Retirement System Act definition of "in line of duty" disability is underscored by the provision in § 121.021(13) that the administrator of the Division of Retirement, when initially passing on applications for such disability benefits, may require appropriate proof of the "cause of any such injury or illness" and, in that connection, that "[w]ork...
...Central Hotel, 135 So.2d 204 (Fla. 1961); Protectu Awning Shutter Co. v. Cline, 154 Fla. 30, 16 So.2d 342 (1944); Looney v. W & J Constr. Co., 289 So.2d 723 (Fla. 1974). That conclusion is consistent also with the single decision we are aware of which applies § 121.021(13)....
Cited 3 times | Published | Florida 1st District Court of Appeal | 2001 WL 1230262
...Thomas E. Wright, Esquire, Tallahassee, for Appellee. BENTON, J. Jimmy L. Miller, a retired state employee already granted regular disability retirement benefits, appeals denial of his petition for in-the-line-of-duty disability retirement benefits. See § 121.021(13), Fla....
Cited 3 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 61, 1984 Fla. App. LEXIS 16288
...Stanley M. Danek, Division of Retirement, Tallahassee, for appellee. ZEHMER, Judge. Appellant, Paul E. Havener, appeals the final order of the State Retirement Commission which denies his claim for in-line-of-duty disability retirement benefits under section 121.021(13), Florida Statutes *232 (1983)....
...because Havener failed to timely request a hearing. We reverse. Havener was employed by the Florida Keys Aquaduct Authority as a welder/mechanic and maintenance supervisor for approximately nine and a half years. He was an "employee," as defined by section 121.021(10), Florida Statutes (1983)....
...aring was whether an injury or illness arising out of or in the actual performance of duty required by Havener's employment was the substantial producing cause or an aggravating cause of Havener's total and permanent disability. § 121.091(4)(a) and § 121.021(13), Florida Statutes (1983). Such finding is the essential predicate for in-line-of-duty benefits under section 121.021....
...ssion is supported by substantial evidence. § 121.23, Florida Statutes (1983). The test for an in-line-of-duty disability award is whether an injury or illness arises "out of and in the actual performance of duty required by a member's employment." § 121.021(13), Florida Statutes (1983). Section 121.021(13) does not exclude disabilities which arise from the aggravation of a preexisting condition....
...NOTES [1] The final order of the State Retirement Commission awarded regular disability retirement benefits pursuant to section 121.091(4), Florida Statutes (1983), but denied his claim for in-line-of-duty disability retirement benefits pursuant to section 121.021(13), Florida Statutes (1983)....
Cited 2 times | Published | Florida 1st District Court of Appeal | 1995 WL 686041
...Jennings, Assistant Division Attorney, Division of Retirement, Tallahassee, for Appellee. *1029 ZEHMER, Chief judge. Billy Pridgeon, appeals the final order of the State Retirement Commission denying his claim for in-line-of-duty disability retirement benefits under section 121.021(13), Florida Statutes (1993)....
...The Commission concluded that Pridgeon was entitled to receive regular disability benefits under section 121.091(4), but that the evidence was insufficient to establish Pridgeon's entitlement to in-line-of-duty disability retirement benefits under section 121.021(13). Section 121.021(13) defines "disability in line of duty" as "an injury or illness arising out of and in the actual performance of duty required by a member's employment during his regularly scheduled working hours ......
...1st DCA 1984); § 121.23(4)(c), Fla. Stat. (1993). Pridgeon agrees that to meet the test for an in-line-of-duty disability award, he had to show that his injury arose "`out of and in the actual performance of duty required'" by his employment. Havener, 461 So.2d at 233, quoting § 121.021(13)....
Cited 2 times | Published | Florida 1st District Court of Appeal
...Appellants (the Department of Administration of the State of Florida, and Robert L. Kennedy, Jr., Executive Director of Division of Retirement, Department of Administration) contend that the trial court's interpretation of the statue governing such special risk membership, § 121.021(15), Florida Statutes, was erroneous and that the court erred in entering summary judgment. The trial court's ruling was based upon § 121.021(15), Florida Statutes 1973. Subsequently, that statute was amended by Chapter 75-248, Laws of Florida, which now is § 121.021(15), Florida Statutes 1975....
...In rendering our decision, we will consider the law as it exists at this time rather than at the time the judgment was entered. See Florida East Coast Railway Company v. Rouse, Fla., 194 So.2d 260 (1967); Phillips v. Phillips, Fla.App. (1st), 287 So.2d 149 (1973). § 121.021(15), Florida Statutes 1975, provides as follows: "(15) `Special risk member' means any officer or employee whose application is approved by the administrator and who receives salary payments for work performed as a peace officer; law enfor...
...The trial court ruled that he did not. We disagree. To understand the meaning of the current statute, we must consider the history of the "special risk" member category from the time the Florida Retirement System was first created in 1970. There the statute, § 121.021(15), Florida Statutes, 1971, was in the following form: "(15) `Special risk member' means any officer or employee receiving salary payments for work performed as a peace officer, law enforcement officer, policeman, highway patrolman, custo...
...page vii, and Chapter 75-169, Laws of Florida.) Prior to the compilation of the 1975 statutory revision, the statute with which we are now concerned was amended by Chapter 75-248, Laws of Florida, which is included in the 1975 statutory revision as § 121.021(15), Florida Statutes 1975, as heretofore quoted in this opinion....
...Reversed and remanded for further proceedings not inconsistent herewith. *359 LEE, THOMAS E., Associate Judge, concurs. ENGLAND, J., dissents. ENGLAND, Judge, dissenting. I respectfully disagree with the majority's conclusion that the Department of Administration ("Administration") has discretion under Section 121.021(15), as originally enacted or as set out in the most recent compilation of Florida Statutes, to impose a requirement of "hazard" on each category of state personnel enumerated in the applicable statutory provision....
...e executive branch of government. First, I am persuaded that Administration has not been given classification discretion in light of the intergovernmental relationship between it and the other agencies of government whose employees are enumerated in Section 121.021(15)....
...The points on appeal are: (1) whether the conclusion of the Commission that appellee is entitled to in-line-of-duty disability retirement benefits is based on competent, substantial evidence, and (2) whether appellee was entitled to benefits in light of Section 121.021(13), Fla....
...The physician further testified that appellee suffered from hypertension and that the stressful conditions of the job probably would have elevated appellee's blood pressure. We affirm Point One. In Point Two, appellant Division contends that the Commission, in determining what evidence is sufficient to prove causation for a Section 121.021(13) disability, is required to apply the "arising out of" test developed under workers' compensation law. Section 121.021(13), Fla....
...Here, the Commission noted that the preexisting condition was physical in Bolinger and that the appellee's preexisting condition was a mental and physical inability to cope with stress. The Division argues that Bolinger requires that the "arising out of" language in Section 121.021(13) should be construed the same as the "arising out of" language in Section 440.09(1) of the Workers' Compensation Law and that Richard E....
...tion between an internal failure of the cardiovascular system and the employment. *1194 We affirm the Commission's conclusion that Mosca is inapplicable. Under Chapter 440, compensation is payable only for an "injury," arising in a certain way while Section 121.021(13) is broader and defines disability in the line of duty as an "injury or illness" arising out of employment. Appellee is entitled to benefits under Section 121.021(13), Fla....
Cited 2 times | Published | Florida 1st District Court of Appeal
...The Director of the Division of Retirement appeals the State Retirement Commission's award of regular disability retirement benefits to Wiggins; Wiggins cross-appeals the order denying her "in-line-of-duty" disability retirement benefits as defined in Section 121.021(13), Florida Statutes (1977)....
Cited 2 times | Published | Florida 2nd District Court of Appeal
...Another doctor stated that Allen's illness, considering his personality, was a reaction to job stress. The Division of Retirement argued that the Commission was required to apply the "arising out of" test developed under worker's compensation law. The appellate court noted that Allen's benefits were conferred under section 121.021(13), Florida Statutes, which defined disability in the line of duty as an "injury or illness arising out of or in the actual performance of duty required by a member's employment during his regularly scheduled working hours or irregular hours as required by the employer." The court held the worker's compensation cases inapplicable because, "under Chapter 440, compensation is payable only for an `injury' arising in a certain way while section 121.021(13) is broader and defines disability in the line of duty as an `injury or illness' arising out of employment." In the instant case, the provision of the pension contract applies to "Any member who in the service has received ......
Cited 2 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 14
...*54 In Blanton v. Division of Retirement, 480 So.2d 134 (Fla. 1st DCA 1985), we stated: "The test for an in-line-of-duty disability award is whether `an injury or illness arising out of and in the actual performance of duty required by a member's employment', section 121.021(13), was the substantial, producing cause or an aggravating cause of a member's total and permanent disability." (emphasis supplied). See also Havener v. Division of Retirement, 461 So.2d 231, 233 (Fla. 1st DCA 1984), recognizing that "[s]ection 121.021(13) does not exclude disabilities which arise from the aggravation of a pre-existing condition." (emphasis supplied) It is undisputed that Dixon is permanently and totally disabled....
...entifiable effort not routine to the type of work the claimant was accustomed to performing. Robert E. Mosca & Co. v. Mosca, 362 So.2d 1340 (Fla. 1978). We have consistently refused to apply this standard to retirement disability benefit cases under Section 121.021(13)....
...ntiating it from most other occupations." Appellee also relies on the Botner case to affirm the denial of in-line-of-duty benefits. This court in Botner found that the evidence did not establish that Botner's disability fell within the parameters of Section 121.021(13)....
Cited 2 times | Published | Florida 1st District Court of Appeal | 10 Fla. L. Weekly 2712, 1985 Fla. App. LEXIS 16923
...n was supported by substantial evidence". Section 121.23(4), Florida Statutes. The test for an in-line-of-duty disability award is whether "an injury or illness arising out of and in the actual performance of duty required by a member's employment", section 121.021(13), was the substantial, producing cause or an aggravating cause of a member's total and permanent disability....
...hich applied to appellants' employment and its placement of discretionary authority in the Division to approve as special risk "any other job in the field of law enforcement * * * if the [job's] duties are certified as hazardous by the employer." Section 121.021(15)....
...ellants urge vested when they elected to apply for special risk membership and were accepted. Second, the appellants make no showing that at the time their applications were approved they satisfied any of the minimum statutory conditions required by Section 121.021(29)(c), Florida Statutes (1971), i.e., length of service, age, disability, etc., entitling them to eligibility for pension benefits available to special risk members....
...I concur in the conclusion reached by the majority, i.e., that the appellants have no vested right to any Chapter 121, Florida Statutes, retirement benefits. This result is required, in my opinion, because the appellants have not satisfied the requirements necessary for retirement eligibility as established by § 121.021(29) or § 121.021(30), Florida Statutes....
Cited 2 times | Published | Florida 1st District Court of Appeal
...Ford Career Center in Duval County, a school for students having a history of poor grades, truancy, and juvenile delinquency, and who were verbally and physically abusive to Putnam. We affirm the order of the Division of Retirement, recognizing as we do that Section 121.021(13), Florida Statutes (1979) embraces either an injury or an illness arising out of and in the actual performance of the duties of one's employment....
...tomed work. Contrast Victor Wine & Liquor, Inc. v. Beasley, 141 So.2d 581 (Fla. 1962); Richard E. Mosca & Co., Inc. v. Mosca, 362 So.2d 1340 (Fla. 1978). Those limitations on compensable injuries in workers'compensation cases are not incorporated in Section 121.021(13), governing in-line-of-duty disability benefits....
Cited 2 times | Published | Florida 1st District Court of Appeal
...The evidence concerning the cause of Caldwell's heart attack was conflicting. There was evidence that it was caused by arteriosclerosis unrelated to his employment, and there was evidence that recent employment stress or employment stress over a period of time caused the attack in whole or in part. Section 121.021(13), Florida Statutes (1975), provides in pertinent part: "`Disability in line of duty' means an injury or illness arising out of and in the actual performance of duty required by a member's employment during his regularly scheduled w...
...membership in the FRS. This appeal follows. Employees eligible for membership in the FRS may elect to participate in either the defined benefit retirement program (Pension Plan) or the Public Employee Optional Retirement Program (Investment Plan). §§ 121.021(3), 121.091 & 121.4501, Fla. Stat. (2010). The Investment Plan is a defined contribution plan with a shorter one-year vesting requirement. §§ 121.021(3) & 121.4501, Fla....
...2009-209, § 12, at 2134, Laws of Fla. Appellant asserts the SBA erred when it concluded he was a retiree who was precluded from renewed membership in the FRS under section 121.122(2). Appellant disputes he qualifies as a “retiree” under the statute, relying on section 121.021(60), Florida Statutes (2010), which defines “[rjetiree” as “a former member of *1015 the Florida Retirement System or an existing system who has terminated employment and is receiving benefit payments from the system in which he or she was a member.” (Emphasis added)....
...llant claims he is not a retiree who “is receiving benefit payments.” However, the SBA correctly responds that the statutory prohibition applies to “[a] retiree of a state-administered retirement system” and that “[s]ystem” is defined by section 121.021(3) as “including ......
...The Commission oversees chapter 121, which outlines the Florida Retirement System ("FRS"). The FRS divides members into different classes, which include regular and special-risk. A member of the special-risk class may retire earlier and receive a higher monthly benefit than regular class positions. § 121.021(29)(b), Fla....
Cited 1 times | Published | Florida 4th District Court of Appeal | 1989 WL 11268
...irement system means the sum of his past service, prior service, military service and future service allowed within the provisions of this chapter if all required contributions have been paid and all other requirements of this chapter have been met. § 121.021(17), Florida Statutes (1987)....
ROBERT P. SMITH, Jr., Judge. Botner appeals from an order of the Retirement Commission denying him line-of-duty disability retirement benefits under section 121.021(13), Florida Statutes (1979)....
...We are concerned with petitioner’s eligibility for the system, not the amount of benefits he may receive. We think the facts as related demonstrate that the petitioner has complied with the provisions of F.S. § 121.-051 (2) (a)4 (1974) and is entitled to membership in FRS. “Employee” is defined in F.S. § 121.021(11) as “any person receiving salary payments for work performed in a regularly established position ....
...Petitioner had earned the sick leave he enjoyed through services already rendered. In truth, the payments received by petitioner while on sick leave were for “work performed.” Further, petitioner was a “member” of the Teachers’ Retirement System, an “existing system” as defined in F.S. § 121.021(2), on the date he informed his employer of his election to transfer to FRS....
PER CURIAM. Appellant, Reggie E. Jernigan, challenges the final order of the Division of Retirement denying his claim for “disability in-line-of-duty” retirement benefits under section 121.021(13), Florida Statutes (2004)....
...After hearing argument in these consolidated cases, we find that no conflict exists between decisions as required for conflict certiorari jurisdiction under Article V, Section 3(b)(3), Florida Constitution, and that the First District Court of Appeal did not inherently pass upon the constitutionality of Section 121.021(15), Florida Statutes....
...121 , Florida Statutes, with retirement benefits calculated in accordance therewith). 5 The determination of whether an expenditure serves a public purpose is one that must be made by the governing body of the public entity and not by this office. 6 Section 121.021 (22), Fla....
...ted by substantial evidence.” See § 121.23(4), Fla. Stat. (2008). The test for an in-line-of-duty disability award is whether “ ‘an injury or illness arising out of and in the actual performance of duty required by a member’s employment,’ section 121.021(13), was the substantial, producing cause or an ag *604 gravating cause of a member’s total and permanent disability.” Blanton v....
...This conclusion is clearly correct. “[SJubse-quent to the completion of 10 years of creditable service,” § 121.091(7)(b), Fla. Stat. (1993), the statute contemplates death benefits of two kinds: *142 § 121.091(7)(b), Fla. Stat. (1993). Now defined by section 121.021(28)(c), Florida....
...ed to mean: [A]ny agency, branch, department, institution, university, institution of higher education, or board of the state, or any county agency, branch, department, board, district school board, or special district of the state . . . . 13 (e.s.) Section 121.021 (9), F.S., provides that a "special district" refers to an independent special district as defined in s....
...12 The statute recognizes certain exceptions; for example, for elected officers who meet the requirements of s. 121.052 (3) or for officers and employees of an employer referred to in s. 121.051 (1)(b), F.S., a city or special district that has an existing retirement system covering its employees. 13 Section 121.021 (10), F.S....
...int annuitant for retirement benefits payable following the retirement of her former husband, George Bean. This controversy arises because of a change in the statutory definition of “joint annuitant” in 1995. See ch. 95-338, Laws of Fla. Compare § 121.021(28), Fla. Stat. (1993), with § 121.021(28), Fla....
...financially dependent for at least one-half of his or her support from the retiring member at the time of that member’s retirement. See § 121.091(6)(d), Fla. Stat. (1993) (providing joint annuitant must be either spouse or “other dependant”); § 121.021(28)(c), Fla....
Published | Supreme Court of Florida | 13 Fla. L. Weekly 192, 1988 Fla. LEXIS 343
...Subsection 121.091(4)(d) currently embodies the same provisions as in 1973. Subsection 121.091(4)(b), however, provides that total and permanent disability and retirement benefits therefor shall be determined by the director of the Division of Retirement pursuant to the statutes. See § 121.021(5), Fla.Stat....
...on the form submitted by Griffin, but the information given by Griffin simply established the last date that she worked, and not a date of termination. Since “[a] leave of absence shall constitute a continuation of the employment relationship,” § 121.021(39), Fla....
...ivities by a state or local unit from an employing entity which was not an employer under the system, and such person becomes a member of the Florida Retirement System, such person shall be entitled to receive “past service” credit as defined in s. 121.021(18) for the time such person performed services for, and was an employee of, said state or local unit or other employing entity prior to the transfer, merger, consolidation, or assumption of functions and activities, [e.s.] Section 121.021(18) defines past service as the number of years and complete months and any fractional part of a month, recognized and credited by an employer and approved by the adminis *529 trator, during which he was in the active employ of an employer prior to his date of participation....
...y a hearing officer of the Division of Administrative Hearings. The widow seeks reversal of the agency order. We agree with the Division that Deputy Walker’s death did not occur “in line of duty.” That phrase is defined for present purposes by Section 121.021(14), Florida Statutes (1977), as follows: “Death in line of duty” means death arising out of and in the actual performance of duty required by a member’s employment during his regularly scheduled working hours or irregular worki...
...Prior to amendment of Chapter 121 by Section 121.0515, Florida Statutes (1978), the statute did not specify the criteria which applied to special risk membership. Until October 1, 1978 (the effective date of the amendment), “special risk member” was defined by Section 121.021(15), Florida Statutes (1975), as follows: [A]ny officer or employee whose application is approved by the administrator and who receives salary payments for work performed as a peace officer; law enforcement officer; policeman; highway...
...but excluding secretarial and clerical employees; fireman; or an employee in any other job in the field of law enforcement or fire protection if the duties of such person are certified as hazardous by his employer. Effective October 1,1978, amended Section 121.021(15)(b) clarified the term “special risk member” to mean a member who is designated as a special risk member by the Division in accordance with Section 121.-0515, employed as a law enforcement officer, a fire fighter, or a correcti...
...Is a county employee who retires early at an age younger than the normal retirement age and who was enrolled in the Public Employee Optional Retirement Program entitled to receive group insurance benefits immediately after retirement, but before reaching the normal retirement age set forth in section 121.021 (29), Florida Statutes? 2. If not, is such an employee entitled to receive group insurance benefits when he or she reaches the normal retirement age? Question One Section 121.021 (12), Florida Statutes, defines a "[m]ember" of the Florida Retirement System as "any officer or employee who is covered or who becomes covered under this system in accordance with this chapter." A member's normal retirement date is defined in section 121.021 (29), Florida Statutes. 1 "Early retirement date," however, is defined in subsection 121.021 (30), Florida Statutes, as "the first day of the month following the date a member becomes vested and elects to receive retirement benefits in accordance with this chapter....
...ent Program established under part II of chapter 121 shall be considered a "retired officer or employee" or "retiree" as used in this section if he or she : ( a) Meets the age and service requirements to qualify for normal retirement as set forth in s. 121.021 (29); or ( b) Has attained the age specified by s....
...72(t)(2)(A)(i) of the Internal Revenue Code 3 and has 6 years of creditable service. " 4 (e.s.) The plain language of the statute requires a retiree under the Public Employee Optional Retirement Program (PEORP) to have met the age and service requirements for normal retirement prescribed in section 121.021 (29), Florida Statutes, or attained the age of 59½ with six years of creditable service....
...ication as to whether Public Employees Optional Retirement Program participants who retire early may participate in an agency's group insurance program once they reach the minimum age requirements. Sincerely, Bill McCollum Attorney General BM/tals 1 Section 121.021 (29), Fla....
...Stat., setting forth the eligibility for a retiree's health insurance subsidy "[f]or a participant of the Public Employee Optional Retirement Program established under part II of chapter 121, the participant meets the age or service requirements to qualify for normal retirement as set forth in s. 121.021 (29)." 6 See Alsop v....
...An individual is eligible when he or she terminates employment with all employers participating in the Florida Retirement System and, for a participant in the Public Employee Optional Retirement Program, "meets the age or service requirements to qualify for normal retirement as set forth in s. 121.021 (29)." 8 The terms and conditions of the county's group insurance plan would ultimately control whether a former employee who has retired early to reestablish coverage when the individual reaches the required age....
...bility. As correctly observed by the Commission in its final order, “[t]he test for an in-line-of-duty disability award is whether ‘an injury or illness arising out of and in the actual performance of duty required by a member’s employment’, section 121.021(13), was the substantial, producing cause or an aggravating cause of a member’s total and permanent disability.” Blanton v....
...Under the Florida Retirement System, section 121.091(1), Florida Statutes (1987), a member is entitled to obtain retirement benefits when he reaches his “normal retirement date.” The normal retirement date is the first day of any month following the date a member attains the applicable status enumerated in the statute. § 121.021(29), Fla.Stat. (1987); see Polk County School Board v. Cobbett, 547 So.2d 991 (Fla. 1st DCA 1989). Section 121.021(29)(c) allows special risk members to achieve retirement status upon the completion of 25 years of creditable service, regardless of age....
Published | District Court of Appeal of Florida | 21 Educ. L. Rep. 1080, 9 Fla. L. Weekly 2566, 1984 Fla. App. LEXIS 16078
...We can only conclude that the “prescribed form” which the school board filed with the Division was not designed to furnish the Division with sufficient information to determine whether the appellant was qualified for enrollment in FRS. As far as qualification for enrollment is concerned, section 121.021, Florida Statutes (1983), provides that “member” means “any officer or employee who is covered or who becomes covered under this system in accordance with this chapter.” In an effort to describe persons who are not employees,...
PER CURIAM. The Commission’s order terminating Leonard’s disability benefits apparently relied upon Fla.Admin.Code Rule 22B-4.10G. However, given the statutory definition of “employer” in Section 121.021(10), Florida Statutes (Supp.1976), we do not find the rule applicable to one who is an employer in the private sector....
...It is the fees for transcription of criminal proceedings that are in issue here. In this regard, the parties have cited no agency final order or appellate decision which deals squarely with this issue. To resolve this issue, it is necessary to analyze Subsection 121.021(22), Florida Statutes (1991), which defines compensation for retirement purposes, and various Division rules which affect retirement benefits....
...In doing so, the undersigned recognizes the general principle that pension laws, including those contained in chapter 121, should be liberally construed in favor of the participant. City of West Palm Beach v. Holaday, 234 So.2d 24, 26 (Fla. 4th DCA 1970). 4.Under Subsection 121.021(24), Florida Statutes (1991), an employee retired from a regularly established position with state or local government is entitled to have his or her retirement benefits calculated using “the average annual compensation of the five...
...ional persons for special or particular services” is excluded from the calculation of average compensation. This exclusion is also found in Rule 22B-6.001(16)(b), Florida Administrative Code. The term compensation is defined in relevant part in Subsection 121.021(22), Florida Statutes (1991) as follows: (22) ‘Compensation’ means the monthly salary paid a member, including overtime payments paid from a salary fund, as reported by the employer on the wage and tax statement (Internal Revenue Service form W-2) or any similar form....
...ber including, among other things, “cash remuneration received for fees set by statute.” 5. To support her position, petitioner generally contends that all remuneration received under chapter 29 qualifies as compensation within the meaning of subsection 121.021(22) since it was either salary or fees set by statute....
...shed County position, and under rule 22B-1.004(4)(b)l., those fees should be considered a part of her overall compensation. In brief, the Division responds that the fees received by petitioner from the County fail to qualify as compensation under subsection 121.021(22) for several reasons....
...n” who was paid fees for special or particular services, and fourth, the statute itself provides that either fees and salary may be used to compute average annual compensation for retirement purposes, but not both. [[Image here]] This language [in section 121.021(22), Florida Statutes] is plain and unambiguous....
..., petitioner’s amended petition should be granted. 7. In reaching the above conclusion, the undersigned has considered respondent’s contention that because the fees were not reported on a W-2 form, they cannot be treated as compensation under subsection 121.021(22)....
...The undersigned has also considered and rejected the contention that petitioner’s remuneration for transcribing criminal proceedings constituted “fees paid to professional persons for special or particular services” within the meaning of the last sentence of subsection 121.021(22)....
...articular service” while labeling the reporting of the identical proceeding as something else. Indeed, the statute does not contemplate such a distinction. The undersigned has also considered respondent’s contention that its interpretation of subsection 121.021(22) should be accorded great weight unless shown to be clearly erroneous....
...reporter. This contention is deemed to be unavailing since the evidence of record reflects that petitioner was a full-time employee of the County and filled a regularly established position within the meaning of rule 22B-6.001(49). 8. In summary, subsection 121.021(22) does not forbid the inclusion of both salary and fees set by statute in the calculation of a member’s retirement benefits....
...y fund, as reported by any employer on the wage and tax statement (Internal Revenue Service Form W-2) or any similar form. The fee payments in question would not, therefore, qualify as “compensation” under the first sentence of its definition in Section 121.021(22), Florida Statutes. (4) It is the position of the Petitioner that the fee payments in question, having been set by statute, qualified such fees to be compensation under the above-quoted second sentence in the definition of “compensation” in Section 121.021(22), Florida Statutes....
...In reaching such conclusion the Respondent has construed the relevant section of Chapters 121 (FRS) and 122 (SCOERS), Florida Statutes, as follows. [[Image here]] (13) Official Court Reporters are “professional persons” within the meaning of that term in the third sentence of Section 121.021(22), Florida Statutes_ The payments that the Petitioner received from Gadsden County enumerated on pages 4 through 8 of her Amended Petition were “fees paid a professional person for special or particular services.” These payments...
...inion of the Attorney General of Florida (1957 Op.Att’y Gen.Fla. 057-109 (April 26, 1957)) quoted above on page 15. Such fee payments for special or particular services, therefore, did not constitute compensation within the meaning of that term in Section 121.021(22), Florida Statutes, which excludes same from its definition....
...We do not find that this factual determination is dispositive, however. The real dispute between the parties is not a factual one, as evidenced by the extensive factual stipulation between the parties. The dispute concerns the legal interpretation of section 121.021(22), Florida Statutes, and rule 22B-6.001(16), Florida Administrative Code. Section 121.021(22), Florida Statutes (1991), reads as follows: “Compensation” means the monthly salary paid a member, including overtime payments paid from a salary fund, as reported by the employer on the wage and tax statement (Internal Revenue Service form *323 W-2) or any similar form....
...2) fees for transcription are not payments paid “from a salary fund, as reported by the employer on the wage and tax statement (Internal Revenue Service form W-2) or any similar form,” and these fees do not constitute compensation as defined in section 121.021(22), Florida Statutes....
...Nor is this work additional duties for the same employer pursuant to rule 22B-1.004(4)(b), Florida Administrative Code. Payments are merely made on behalf of a third party for professional services. We are unable to say that the interpretation of the agency that these payments did not constitute compensation pursuant to section 121.021(22), Florida Statutes (1991), is improper....
...121, id., new county and district school board employees are required to participate in the state retirement system, s. 121.051 (1); and employees participating in one of the old systems were authorized to transfer to the new system and could receive credit for years of past service in the appropriate circumstances. Section 121.021 ....
...The E/C had stipulated to the compensability of claimant’s back injury, had paid TTD, TPD, and wage loss benefits for certain periods, and had agreed to pay certain medical costs incurred by the claimant. In discussing his reasons for including the retirement benefits in the AWW, the DC found that sections 121.021(13), and sections 121.091(4) and (5), Fla.Stat....
...f duty regardless of length of service. Claimant’s impairment rating is 5% as found by the DC and that finding is supported by competent, substantial evidence. There is no evidence that the claimant is totally and permanently disabled. Except that Section 121.021(13) defines “disability in line of duty” as used in section 121.091(4), that section is of no consequence to this case....
...Section 121.091(1) does aid in the determination of whether the claimant's retirement benefits have vested. That statute refers to normal retirement benefits and states that a member may begin receiving a monthly benefit upon reaching his normal retirement date. Under section 121.021(29) “normal retirement date” means the first day of any month following the date a member obtains one of a number of statuses, all of which require at least seven years of creditable service....
...Public Employees Relations Comm’n v. Dade County Police Benevolent Ass’n, 467 So.2d 987 (Fla.1985). In other words, an agency’s interpretation will prevail unless clearly erroneous. Daniel v. Florida State Turnpike Auth., 213 So.2d 585 (Fla.1968). Section 121.021, Florida Statutes (1991), defines “compensation” for retirement purposes and provides in part: (22) “Compensation” means the monthly salary paid a member ......
...When a member’s compensation is derived from fees set by statute, compensation shall be the total cash remuneration received from such fees. Under no circumstances shall compensation include fees paid professional persons for special or particular services. § 121.021(22), Fla....
...Where a defendant is not indigent, however, the defendant pays the fee to the court reporter directly. Williams, 647 So.2d at 323-24 (citation and footnote omitted). The district court concluded: “We are unable to say that the interpretation of the agency that these payments did not constitute compensation pursuant to section 121.021(22), Florida Statutes (1991), is improper.” Id....
...The Florida Retirement System, created by the Florida Legislature and codified in Chapter 121, Florida Statutes, provides retirement benefits for specified employees. Eligible employers participate in the Florida Retirement System by making contributions for the benefit of its employees at a rate established by law. Section 121.021(10) and Section 121.071, Florida Statutes (2001) 1 . Service credit under the Florida Retirement System is awarded to Florida Retirement System member employees for any month of creditable service as provided for in section 121.021(17)(a), Florida Statutes (2001), in pertinent part, as “the sum of all his or her past service, prior service, military service, out-of-state or non-FRS in-state service, workers’ compensation credit, leave-of-absence credit and f...
...Because it is undisputed that The Florida Bar does not participate in, or pay contributions to, the Florida Retirement System for the benefit of its employees, Appellant’s period of employment with The Florida Bar does not constitute creditable service in the Florida Retirement System pursuant to section 121.021(17)(a), Florida Statutes (2001). Therefore, Appellant is not entitled to retirement credit pursuant to section 121.021(17)(b), Florida Statutes (2001)....
Published | Florida 3rd District Court of Appeal | 2004 WL 1781259
...on. The definitional section of the statute specifically requires that employees meeting the criteria set forth in Section 121.0515(2)(f), be employed either by the Department of Corrections, or by the Department of Children and Family Services. See § 121.021(15)(d)(2), Fla....
...It is a basic tenet of statutory construction that courts are required to give statutory language its plain and ordinary meaning. See Green v. State, 604 So.2d 471 (Fla.1992); Southeastern Fisheries Ass'n, Inc. v. Dep't of Natural Res., 453 So.2d 1351 (Fla.1984). The plain and ordinary meaning of Section 121.021(15)(d)(2) requires that a special risk member be employed by the Department of Corrections or the Department of Children and Family Services....
...That is so because chapter 121, Florida Statutes, defines "special risk member" (so far as pertinent here) as including any "member who is employed by the Department of Corrections or the Department of Children and Family Services and meets the special criteria set forth in s. 121.0515(2)(f)." § 121.021(15)(d)2., Fla....
...Although ideally county and local employees should be granted the same treatment as state employees, another possibility might be to allow county and local governments the option to provide special risk benefits under paragraph (2)(f) if they so choose. NOTES [1] Section 121.021(15)(d)(2), Florida Statutes (2003), specifically states: "Effective January 1, 2001, "special risk member" includes any professional health care bargaining unit or non-unit member who is employed by the Department of Corrections or th...
Published | Florida 5th District Court of Appeal | 2005 WL 924314
...As Lavondra correctly points out, "heir" is simply a subset of "beneficiary." In the May 12, 2004 letter acknowledging receipt of the court order, the Department stated that an order determining beneficiaries was not relevant to the issue of who qualifies as a joint annuitant under Chapter 121. [4] Section 121.021 defines "joint annuitant" as follows: (28) "Joint annuitant" means any person designated by the member to receive a retirement benefit upon the member's death who is: (a) The spouse of the member; (b) The member's natural or adopted c...
... Retirement Commission. Two years later, the Commission held a hearing and voted
to deny Mr. O’Meara’s application. The Commission issued a final order on April
20, 2015, and Mr. O’Meara timely appealed.
Analysis
Section 121.021(13), Florida Statutes, defines disability in line of duty as “an
injury or illness arising out of and in the actual performance of duty required by a
member's employment during his regularly scheduled working hours ....
...Appellee appealed the denial to the SRC pursuant to Section 121.23, Florida Statutes. The SRC reversed the decision of the administrator and awarded appellee in-line-of-duty disability benefits. On appeal, the issue is the application to the facts here of Section 121.021(13), Florida Statutes, which provides in pertinent part as follows: “Disability in line of duty” means an injury or illness arising out of and in the actual performance of duty required by a member’s employment during his regula...
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
