Chapter 238 — Chapter 238
30 sections in this chapter.
Fla. Stat. § 238.01 Definitions
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The following words and phrases as used in this chapter shall have the following meanings unless a different meaning is plainly required by the context:(1) “Retirement system” means the Teachers’ Retirement System of Florida provided for in s. 238.02.(2) “Department” means the De…
Fla. Stat. § 238.02 Name and date of establishment
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A retirement system is established and placed under the management of the Department of Management Services for the purpose of providing retirement allowances and other benefits for teachers of the state. The retirement system shall begin operations on July 1, 1939. It has such p…
Fla. Stat. § 238.021 Teachers’ Retirement System; plans
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The Teachers’ Retirement System shall be deemed to be divided into five plans to be designated plans A, B, C, D, and E and ss. 238.01 to 238.181, inclusive, shall control with respect to plans A through E and membership therein, except as provided for under s. 238.31.
Fla. Stat. § 238.03 Administration
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(1) The general administration and the responsibility for the proper operation of the retirement system and for making effective the provisions of this chapter are vested in the Department of Management Services.(2) The department shall keep in convenient form such data as shall …
Fla. Stat. § 238.05 Membership
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(1) The membership of the retirement system shall consist of the following:(a) All persons who were teachers at any time during the school years 1936-1937 through 1938-1939 shall become members as of July 1, 1939, unless, prior to December 1, 1939, any such teacher shall file wit…
Fla. Stat. § 238.06 Membership application, creditable service, and time for making contributions
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(1) Under such rules and regulations as the Division of Retirement shall adopt, each teacher upon becoming a member shall file with the division an application showing date of birth and such other necessary information as the division may require for the proper operation of the r…
Fla. Stat. § 238.07 Regular benefits; survivor benefits
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(1) If any member retires and before his or her death fails to select one of the optional benefits set forth in s. 238.08, the member’s executors or administrators shall receive the excess of his or her accumulated contributions at retirement over the total of all annuity payment…
Fla. Stat. § 238.071 Social security benefits; determination of retirement allowance
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Any member of the Teachers’ Retirement System who has heretofore or who hereafter retires and has his or her retirement allowance redetermined under the provisions of s. 238.07(16), shall not after July 1, 1969, have the amount of the redetermined retirement allowance reduced bec…
Fla. Stat. § 238.072 Special service provisions for extension personnel
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All state and county cooperative extension personnel holding appointments by the United States Department of Agriculture for extension work in agriculture and home economics in this state who are joint representatives of the University of Florida and the United States Department …
Fla. Stat. § 238.08 Optional benefits
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A member may elect to receive his or her benefits under the terms of this chapter according to the provisions of any one of the following options:(1) Option one. A member may elect to receive his or her benefits in a retirement allowance payable throughout his or her life.(2) Opt…
Fla. Stat. § 238.09 Method of financing
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All of the assets of the retirement system shall be credited, according to the purposes for which they are held, to one of four funds; namely, the Annuity Savings Trust Fund, the Pension Accumulation Trust Fund, the Expense Trust Fund, and the Survivors’ Benefit Trust Fund.(1) Th…
Fla. Stat. § 238.10 Management of funds
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The Department of Management Services, annually, shall allow regular interest on the amount for the preceding year to the credit of each of the funds of the retirement system, and to the credit of the individual account therein, if any, with the exception of the expense fund, fro…
Fla. Stat. § 238.11 Collection of contributions
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(1) The collection of contributions shall be as follows:(a) Each employer shall cause to be deducted from each and every payment of salary of a member, for each and every payroll period, the contribution payable by such member as provided in this chapter. Commencing July 1, 1967,…
Fla. Stat. § 238.12 Duties of employers
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(1) Each employer shall keep such records and, from time to time, shall furnish such information as the Department of Management Services may require in the discharge of its duties. Upon the employment of any teacher to whom this chapter may apply, the teacher shall be informed b…
Fla. Stat. § 238.13 Limitation on membership
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(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 reti…
Fla. Stat. § 238.14 Protection against fraud
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Any person who shall knowingly make any false statement, or shall falsify or permit to be falsified any record or records of this retirement system in any attempt to defraud such system as a result of such act, shall be guilty of a misdemeanor of the second degree, punishable as …
Fla. Stat. § 238.15 Exemption of funds from taxation, execution, and assignment
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The pensions, annuities or any other benefits accrued or accruing to any person under the provisions of this chapter and the accumulated contributions and cash securities in the funds created under this chapter are exempted from any state, county or municipal tax of the state, an…
Fla. Stat. § 238.16 Penalties
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Any person subject to the terms and provisions of this chapter, including the individual members of all boards, who shall violate any of the provisions of this chapter or any valid rule or regulation promulgated under authority of the chapter shall be guilty of a misdemeanor of t…
Fla. Stat. § 238.17 Employees of nonprofit professional association or corporation of teachers functioning on a statewide basis; intent
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It is the intent of this section to grant to employees of a nonprofit professional association or corporation of teachers who are or become members of the Teachers’ Retirement System all the rights, privileges, and benefits therefrom as are or may be granted to all other members …
Fla. Stat. § 238.171 Monthly allowance; when made
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(1) Whenever any person has served as a teacher in the public schools of Florida or has served therein as superintendent, or both, for an aggregate period of 20 or more years, and such person is then incapacitated to do and perform any vocational work sufficient to earn a livelih…
Fla. Stat. § 238.172 Proof required
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For any person to obtain the allowance as set forth in s. 238.171 the person shall make such proof of the facts and conditions entitling him or her to the allowance as shall reasonably be required by the state board, and when such proof has been submitted to the satisfaction of t…
Fla. Stat. § 238.173 Monthly allowance to widows or widowers of pensioners
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When any teacher, drawing pension under s. 238.171, shall die leaving surviving a widow or widower to whom such pensioner has been married for a continuous period of at least 10 years immediately prior to his or her death, and from whom no dissolution of marriage is obtained, suc…
Fla. Stat. § 238.174 Appropriation for monthly allowance to incapacitated teachers
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There is appropriated out of any moneys in the State Treasury not otherwise appropriated, a sufficient sum of money to meet the requirements of s. 238.171.
Fla. Stat. § 238.175 Members with prior service in federally operated state schools; eligibility for special credits
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(1) Any member of the Teachers’ Retirement System or the Florida Retirement System established respectively by this chapter and chapter 121 who taught in a public school in Florida which was taken over and operated by the United States Government pursuant to Pub. L. No. 81-874 or…
Fla. Stat. § 238.181 Reemployment after retirement; conditions and limitations
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(1) Any person who is retired under this chapter, except under the disability provisions of s. 238.07, may be employed by an employer that does not participate in a state-administered retirement system and may receive compensation from such employment without limiting or restrict…
Fla. Stat. § 238.183 Developmental research school and Florida School for the Deaf and the Blind instructional personnel; reemployment after retirement
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(1) Notwithstanding any other law, instructional personnel, as defined in s. 1012.01(2), employed by a developmental research school or the Florida School for the Deaf and the Blind are eligible for reemployment after retirement in the same manner as classroom teachers who are em…
Fla. Stat. § 238.184 Charter school instructional personnel; reemployment after retirement
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Effective July 1, 2004, the director or principal of a charter school participating in the Florida Retirement System may reemploy a retired member as a substitute or hourly teacher on a noncontractual basis, or reemploy such retired member as instructional personnel, as defined i…
Fla. Stat. § 238.31 Provision for modification of plan E
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Notwithstanding any provision contained herein to the contrary the provisions relating to retirement under s. 238.07(2)(e) shall be subject to amendment or modification by subsequent legislation and all other provisions of this chapter relating to the administration of plan E, or…
Fla. Stat. § 238.32 Service credit in disputed cases
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The Department of Management Services may in its discretion allow or deny a member service credit in disputed or doubtful cases for employment in Florida and out-of-state schools in order to serve the best interests of the state and the member, subject to the membership dates set…
Fla. Stat. § 238.325 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…