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Florida Statute 238.13 - Full Text and Legal Analysis
Florida Statute 238.13 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 238.13 Case Law from Google Scholar Google Search for Amendments to 238.13

The 2025 Florida Statutes

Title XVI
TEACHERS' RETIREMENT SYSTEM; HIGHER EDUCATIONAL FACILITIES BONDS
Chapter 238
TEACHERS' RETIREMENT SYSTEM
View Entire Chapter
238.13 Limitation on membership.
(1) No other provision of law in any other statute which provides wholly or partly at the expense of the state for pensions or for retirement benefits for teachers of the said state, their surviving spouses, or other dependents, shall apply to members or beneficiaries of the retirement system established by this chapter, their surviving spouses or other dependents. No person who shall become a teacher, as defined herein, after July 1, 1939, shall be eligible to a pension under any statute heretofore enacted.
(2) No person who is fully covered by a compulsory civil service retirement plan shall be a member of the retirement system under this chapter; provided, however, that any person who is presently a member of the retirement system and is also fully covered by a compulsory civil service retirement plan may continue to be a member of the retirement system or at his or her option may withdraw from such retirement system and thereupon be entitled to receive all of his or her accumulation in the Annuity Savings Trust Fund together with the interest thereon.
History.s. 13, ch. 19014, 1939; CGL 1940 Supp. 892(168); s. 7, ch. 61-458; s. 16, ch. 95-148.

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Amendments to 238.13


Annotations, Discussions, Cases:

Cases Citing Statute 238.13

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Marvel v. Div. of Ret. of the Dep't of Admin., 406 So. 2d 501 (Fla. Dist. Ct. App. 1981).

Published | District Court of Appeal of Florida | 1 Educ. L. Rep. 1038, 1981 Fla. App. LEXIS 21444

...artment of Agriculture, as a cooperative extension employee. At that time, he was required to join and contribute to TRS and to the Federal Civil Service Retirement System (GSRS). In 1961, the Florida Legislature enacted what *502 is now codified as § 238.13(2), which provides that employees covered by CSRS shall not be members of TRS except that those hired before 1961 may elect to remain participants in TRS....
...In 1973, the Legislature enacted § 121.051(7), which provides that personnel participating in CSRS are prohibited from participating in any retirement or social security program or act administered by the state “except those members covered under s. 238.13, as of November 30, 1970.” (Emphasis supplied.) Appellant paid into CSRS until November 23, 1978, when he was forced to resign because he accepted a non-federal position....
...ed States Civil Service from becoming creditable under any state retirement or social security program. The sole exception provided for continued participation in TRS by those cooperative extension personnel participating in that system by virtue of § 238.13....
...the United States Department of Agriculture and was governed by the requirements of the Federal Civil Service. That decision was upheld in Beem v. Division of Retirement of Department of Administration, 379 So.2d 214 (Fla. 2d DCA 1979). In our view, § 238.13(2) merely allows employees hired before 1961 to maintain their memberships in TRS. Section 121.051(7) allows only one type of dual participation in CSRS and a state retirement program. That statute allows only those employees who were allowed pursuant to § 238.13(2) to continue to participate in TRS while contributing to CSRS to remain in that program....

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