Chapter 122 — Chapter 122
33 sections in this chapter.
Fla. Stat. § 122.01 State and County Officers and Employees’ Retirement System; consolidation; divisions
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(1) Former chapter 121, the State Officers and Employees’ Compulsory Retirement System, and former chapter 134, the County Officers and Employees’ Compulsory Retirement System, are hereby consolidated and shall be known as the “State and County Officers and Employees’ Retirement …
Fla. Stat. § 122.02 Definitions
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The following words and phrases as used in this chapter shall have the following meaning unless a different meaning is plainly required by the context:(1) “State and county officers and employees” shall include all full-time officers or employees who receive compensation for serv…
Fla. Stat. § 122.03 Contributions; participants; prior service credit
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(1)(a) From and after July 1, 1955, the officer or board paying salaries to officers or employees entitled to the benefits of this law shall deduct 6 percent from each installment of salary of each officer or employee so long as such officer or employee shall hold office, or be e…
Fla. Stat. § 122.04 Compulsory participation
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The provisions of this law shall be compulsory as to all persons who enter the employment of the state or county of the state on or after July 1, 1947, and there shall be deducted from the salary of every officer and employee who thereafter enters the employment of the state or c…
Fla. Stat. § 122.05 Legislator services included
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(1) The aggregate days of service heretofore or hereafter rendered the State Legislature as a member of the Senate or House of Representatives by any participants of the State and County Officers and Employees’ Retirement System shall be computed as a part of the aggregate years …
Fla. Stat. § 122.051 Eligibility of retired state employee for Legislature; compensation
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Any retired state employee who is presently drawing retirement benefits under any state retirement system may, as any other citizen, serve in the Legislature without affecting in any way his or her retirement status or the receipt of retirement funds while a member of the Legisla…
Fla. Stat. § 122.06 Legislative employee services included
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(1) Aggregate days of attache service heretofore or hereafter rendered the State Legislature by any participant of the State and County Officers and Employees’ Retirement System shall be computed as a part of the aggregate years of state service of such participant in said retire…
Fla. Stat. § 122.061 Hospital districts and county hospital corporations; officers and employees included
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(1) Boards of hospital districts and county hospital corporations may elect to bring employees of such districts or corporations under the provisions of the retirement law. Once this election is made it may not be revoked and all present and future employees shall be compulsory m…
Fla. Stat. § 122.07 Seasonal state employment included; time limit and procedure for claiming
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(1) Any seasonal state employee who works for and draws compensation from the state or any of its departments for a period of more than 6 months during the fiscal year, that is, from July 1 of any year to June 30 of the following year, inclusive, but who works the remainder or a …
Fla. Stat. § 122.08 Requirements for retirement; classifications
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There shall be two retirement classifications for all state and county officers and employees participating herein as hereafter provided in this section:(1)(a) Any state or county officer or employee who has attained normal retirement age, which shall be age 60 for a person who h…
Fla. Stat. § 122.09 Disability retirement; medical examinations
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Whenever any officer or employee of the state or county of the state has service credit as such officer or employee for 10 years within the contemplation of this law, the last 5 years of which, except for a single break not to exceed 1 year, must be continuous, unbroken service a…
Fla. Stat. § 122.10 Separation from service; refund of contributions
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(1) Should any officer or employee leave the service of the state before accumulating aggregate time of 10 years toward retirement, such officer or employee shall be entitled to a refund of 100 percent of his or her contributions made to the retirement trust fund without interest…
Fla. Stat. § 122.11 Reemployment after refund
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Any state or county officer or employee whose contributions have been refunded as provided in s. 122.10 and who is subsequently reemployed by the state or a county of the state shall be treated as those persons who enter employment of the state or a county of the state the first …
Fla. Stat. § 122.12 Designation of beneficiary; death of participant; forfeiture of contributions after benefits paid; survivor benefits
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(1) Any officer or employee may file, in writing, a designation of beneficiary and it shall be the duty of the department to refund 100 percent, without interest, of the contributions made to the retirement trust fund by such deceased officer or employee to such designated benefi…
Fla. Stat. § 122.15 Benefits exempt from taxes and execution
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(1) The pensions, annuities, or any other benefits accrued or accruing to any person under the provisions of this chapter and the accumulated contributions and the cash securities in the funds created under this chapter are hereby exempted from any state, county or municipal tax …
Fla. Stat. § 122.16 Employment after retirement
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(1) Any person who is retired under this chapter, except under the disability retirement provisions of ss. 122.09 and 122.34, may be employed by an employer that does not participate in a state-administered retirement system and may receive compensation from such employment witho…
Fla. Stat. § 122.18 Certain officers and employees not covered
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This chapter shall not apply to justices of the Supreme Court or judges of the circuit court who are members of another state retirement system applicable to Supreme Court judges or circuit judges, nor shall it apply to members of the Teachers’ Retirement System or members of the…
Fla. Stat. § 122.19 Change of positions; election of retirement systems; exceptions
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(1)(a) Any person who is a participant in any state or county retirement system, who changes his or her position or employment, or who is reclassified so that under any existing law such person would participate in a different retirement system, may continue to participate and co…
Fla. Stat. § 122.20 Blind vending-stand operators; participation by
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(1) All blind or partially sighted persons who are now employed or licensed by the Florida Council for the Blind as vending-stand operators or who may hereafter be so licensed or employed are hereby declared to be state employees within the meaning of the State and County Officer…
Fla. Stat. § 122.21 Activation of division B
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Sections 122.21-122.24, 122.26 to 122.321, inclusive, shall control with respect to division B of this system and membership therein, and shall prescribe the method for activating such division.
Fla. Stat. § 122.22 Applicable law
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Sections 122.01-122.12, 122.15, 122.16, 122.18 to 122.20, inclusive, in relation to administration of division B and to duties, rights, privileges and benefits of members of this division under this system, shall apply to said division B and membership therein, except to the exte…
Fla. Stat. § 122.23 Definitions; ss. 122.21-122.321
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In addition to those definitions set forth in s. 122.02 the following words and phrases used in ss. 122.21-122.24, 122.26 to 122.321, inclusive, have the respective meanings set forth:(1) “System” means the general retirement system provided by this chapter, with its two division…
Fla. Stat. § 122.24 Membership in division B
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Officers and employees, within the contemplation of this system, may become members of division B of this system in the manner and under circumstances as follows:(1) An officer or employee who is a member of this system on June 19, 1957, or who becomes such a member after June 19…
Fla. Stat. § 122.26 Funds
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There shall be paid into the State and County Officers and Employees’ Retirement Trust Fund, provided in former s. 122.17, contributions by members of division B for benefits payable to members under this system, and all amounts appropriated for such purpose by the state.
Fla. Stat. § 122.27 Contributions
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From and after the date of the execution of the agreement, the officer or board paying the salary of a member of division B shall withhold the following from such salary:(1) Four percent of such salary, which shall constitute the contribution of the member to this system with res…
Fla. Stat. § 122.28 Benefits
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The relevant provisions of ss. 122.01-122.12, 122.15, 122.16, 122.18 to 122.20, inclusive, fixing or relating to eligibility for retirement, retirement compensation, and other benefits payable to members or for the account of members of this system in relation to members in divis…
Fla. Stat. § 122.29 Records and reports
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The administrator shall maintain accurate accounts of each member of division B; and shall maintain said accounts in such manner, form and detail as shall meet the requirements of the federal Social Security Act and regulations in relation to the social security coverage of such …
Fla. Stat. § 122.31 Future amendments
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Where in this law reference is made to state and federal laws, it shall be understood that such references are intended to include such laws as they now exist or may hereafter be amended.
Fla. Stat. § 122.32 Repealer
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It is the legislative intent that members of this system be provided with social security coverage only in pursuance of the method prescribed herein for becoming members of division B, anything in chapter 650 to the contrary notwithstanding, provided however that the officials an…
Fla. Stat. § 122.321 County officers and employees; division B
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Effective July 1, 1969, the provisions of s. 122.32 relative to future officials and employees of any county which elected to accept social security under the provisions of chapter 650 prior to June 19, 1957, shall be of no further force and effect. On and after July 1, 1969, all…
Fla. Stat. § 122.34 Special provisions for certain sheriffs and full-time deputy sheriffs
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(1)(a) In addition to sheriffs and full-time deputy sheriffs, the provisions of this section shall apply with respect to members who are officers or full-time employees of the state or the several counties of the state whose duties are to enforce the criminal laws of the state, e…
Fla. Stat. § 122.35 Funding
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(1) Commencing July 1, 1967, for all state agencies and commencing October 1, 1967, for all other agencies with employees who are members under this chapter, former ss. 122.17 and 122.30(4) shall be of no further force and effect and each officer or board paying salaries to membe…
Fla. Stat. § 122.355 Statements of purpose and intent and other provisions required for qualification under the Internal Revenue Code of the United States
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Any other provisions in this chapter to the contrary notwithstanding, it is specifically provided that:(1) The purpose of this chapter is to provide pension benefits for the exclusive benefit of the member employees or their beneficiaries.(2) No part of the principal or income of…