121.053 Participation in the Elected State and
County Officers' Class for retired members. ---
(1)
(a) Any member who retired under any existing system as defined in s.
121.021(2), and receives a benefit thereof, and who serves in an office
covered by the Elected State and County Officers' Class for a period of at
least 8 years, shall be entitled to receive an additional retirement benefit
for such elected officer service prior to July 1, 1990, under the Elected
State and County Officers' Class of the Florida Retirement System, as follows:
1. Upon completion of 8 or more years of creditable service in an
office covered by the Elected State and County Officers' Class, s. 121.052,
such member shall notify the administrator of his or her intent to purchase
elected officer service prior to July 1, 1990, and shall pay the member
contribution applicable for the period being claimed, plus 4 percent interest
compounded annually from the first year of service claimed until July 1, 1975,
and 6.5 percent interest compounded annually thereafter, until full payment is
made to the Florida Retirement Trust Fund; however, such member may purchase
retirement credit under the Elected State and County Officers' Class only for
such service as an elected officer.
2. Upon payment of the amount specified in subparagraph 1., the
employer shall pay into the Florida Retirement Trust Fund the applicable
employer contribution for the period of elected officer service prior to July
1, 1990, being claimed by the member, plus 4 percent interest compounded
annually from the first year of service claimed until July 1, 1975, and 6.5
percent interest compounded annually thereafter, until full payment is made to
the Florida Retirement Trust Fund.
(b) Any retired member of the Florida Retirement System, or any
existing system as defined in s. 121.021(2), who, on or after July 1, 1990, is
serving in, or is elected or appointed to, an elective office covered by the
Elected State and County Officers' Class shall be enrolled in the appropriate
subclass of the Elected State and County Officers' Class of the Florida
Retirement System, and applicable contributions shall be paid into the Florida
Retirement System Trust Fund as provided in s. 121.052(7). Pursuant thereto:
1. Any such retired member shall be eligible to continue to receive
retirement benefits as well as compensation for the elected officer service
for as long as he or she remains in an elective office covered by the Elected
State and County Officers' Class.
2. If any such member serves in an elective office covered by the
Elected State and County Officers' Class for a period of at least 8 years, he
or she shall be entitled to receive an additional retirement benefit for such
elected officer service.
3. Such member shall be entitled to purchase additional retirement
credit in the Elected State and County Officers' Class for any postretirement
service performed in an elected position eligible for the Elected State and
County Officers' Class prior to July 1, 1990, or in the Regular Class for any
postretirement service performed in any other regularly established position
prior to July 1, 1991, by paying the applicable Elected State and County
Officers' Class or Regular Class employee and employer contributions for the
period being claimed, plus 4 percent interest compounded annually from the
first year of service claimed until July 1, 1975, and 6.5 percent interest
compounded thereafter, until full payment is made to the Florida Retirement
System Trust Fund. The contribution for postretirement Regular Class service
between July 1, 1985, and July 1, 1991, for which the reemployed retiree
contribution was paid, shall be the difference between such contribution and
the total applicable contribution for the period being claimed, plus interest.
The employer of such member may pay the applicable employer contribution in
lieu of the member.
4. No creditable service for which credit was received, or which
remained unclaimed, at retirement may be claimed or applied toward service
credit earned following renewed membership. However, service earned in
accordance with the renewed membership provisions for the Regular Class in s.
121.122 may be used in conjunction with creditable service earned under this
paragraph, provided applicable vesting requirements and other existing
statutory conditions required by this chapter are met.
(2) Upon attaining his or her normal retirement date and payment
of the amount specified in paragraphs (1)(a) and (b), and upon application to
the administrator of the intent to retire, the member shall receive a monthly
benefit under this section, in addition to any benefits already being
received, which shall commence on the last day of the month of retirement and
be payable on the last day of the month thereafter during his or her lifetime.
The amount of such monthly benefit shall be the total percentage of retirement
credit purchased under this section multiplied by the member's average monthly
compensation as an elected officer, adjusted according to the option selected
at retirement under s. 121.091(6).
(3) Any renewed member, as described in subsection (1), who is
not receiving the maximum health insurance subsidy provided in s. 112.363
shall be entitled to earn additional credit toward the maximum health
insurance subsidy. Any additional subsidy due because of such additional
credit shall be received only at the time of payment of the second career
retirement benefit. In no case shall the total health insurance subsidy
received by a retiree receiving benefits from initial and renewed membership
exceed the maximum allowed in s. 112.363.
(4) No retired judge consenting to temporary duty in any court,
as assigned by the Chief Justice of the Supreme Court in accordance with s. 2,
Art. V of the State Constitution, shall be subject to the renewed membership
provisions of this section.
History: s. 4, ch. 77-469; s. 5, ch. 83-76; s. 9, ch. 90-274; s. 5, ch. 92-122;
s. 771, ch. 95-147.