Fla. Admin. Code Ann. R. 60S-2.002 - Statements of Policy

(1) The Administrator may require the submission of any evidence necessary to establish a member's claim of creditable service.

(2) A member shall not receive more than one year of creditable service for any 12-month period of employment.

(3) The method provided in subsection (4) for determining service credit shall apply to all employees who retire on or after October 1, 1974, under the Florida Retirement System (Chapter 121, F.S.), the Teachers' Retirement System (Chapter 238, F.S.), the State and County Officers and Employees' Retirement System (Chapter 122, F.S.), the Highway Patrol Pension Trust Fund (Sections 321.15-.222, F.S.), the Public Officers and Employees' General Provisions (Section 112.05, F.S.), and the Judicial Retirement System (Chapter 123, F.S.). The method provided in subsection (4), for determining service credit shall apply to any service earned through employment with an employer under the retirement system, except as otherwise provided in Chapters 121 and 238, F.S.

(4) Method for determining retirement service credit:

(a) A member's retirement service credit shall be measured in terms of years and fractions thereof during each fiscal year, as defined in subsection 60S-6.001(29), F.A.C. A year of service credit consists of 12 months of service credit in a fiscal year (July 1 through June 30), except as otherwise provided herein pursuant to the Florida Statutes for employees whose approved work year is less than 12 months or whose approved service credit year is not July 1 through June 30. A member who earns 12 full months of service credit during the service credit year shall be granted one year of service credit for that year. A member who earns less than 12 months of service credit, except when a work year less than 12 months has been approved pursuant to Florida Statutes, shall receive a fraction of a year of service credit, such fraction to be determined by dividing the number of months and fractions thereof of service credit earned by 12. A member for whom a shorter work year has been approved pursuant to law shall receive a year of service credit if he or she earns a full month of service credit for each month of the approved work year. If such member earns service credit for fewer months than comprise his or her work year, he or she shall receive a fraction of a year of service credit, such fraction to be determined by dividing the number of months and fractions thereof of service earned by the number of months in the approved work year.

(b) The approved work year pursuant to Florida Statutes for the purpose of determining service credit in accordance with this policy is as follows:

1. For academic or instructional employees (including substitute teachers eligible for membership) of a district school board, participating public charter school or charter technical career center, community college, or state university: The work year shall be the number of months in the full contract year or nine months, whichever is greater, as specified by the contract between the employee and the school system in accordance with law (Chapters 1012 and 1001, F.S.). The approved work year for any member included in the definition of "teacher" in Section 238.01(3), F.S., who is not an employee of a district school board, participating public charter school or charter technical career center, community college, or state university, but whose work year is less than 12 months, shall be the school or contract year or nine months, whichever is greater, as approved by the Division of Retirement.

2. For non-academic or non-instructional employees (including teacher aides) of a district school board, participating public charter school or charter technical career center, community or junior college, or state university; or employees 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: The work year shall be the number of months in the school year, or nine months, whichever is greater, as certified by the employing agency, subject to review and approval by the Division of Retirement.

3. For seasonal employees (pursuant to Sections 121.051(6)(a) and 122.07, F.S.): The work year shall be 12 months during the fiscal year.

4. For all other employees: The work year shall be 12 months during the fiscal year.

5. For an employee of any district school board, participating public charter school or charter technical career center, community or junior college, or state university, who moves from one position to another position having a different approved work year: If all employments are with any school, college, or university system of the state, all of his or her service credit for that fiscal year shall be based on the shortest work year under which any service credit was earned. If all employments are not with a school, college, or university system of the state, the employee's service credit for that fiscal year shall be based on each of the different work years under which service credit was earned.

(c) Except as otherwise provided in paragraph (d), monthly service credit shall be awarded as follows:

1. For service performed prior to July 1, 1974: A month of service credit shall be awarded for each month during which the member is paid a salary payment for employment.

2. For service performed on and after July 1, 1974: A month of service credit shall be awarded for each month during which the member is paid a salary payment of at least $100. If a member is paid less than $100 during a month of employment, his or her service credit for that month shall be a fraction of a month of credit, such fraction to be determined by dividing his or her actual salary payment by $100.

3. For service performed on and after July 1, 1979: A month of service credit shall be awarded for each month during which the member is paid a salary payment of at least $250. If a member is paid less than $250 during a month of employment, his or her service credit for that month shall be a fraction of a month of credit, such fraction to be determined by dividing his or her actual salary payment by $250. If a member earns $250 in a month, but is paid less than that amount because of participation in a deferred salary plan, he or she shall be entitled to receive a full month of service credit for each such month, provided the Division is notified and verification of deferred salary payments is submitted.

4. For service performed on and after July 1, 1985: A month of service credit shall be awarded for each month during which the member is paid a salary payment for employment.

(d)

1. For service performed prior to January 1, 1999, service credit for members holding an elective public office shall be granted as follows:

a. All elected public officials holding a commission of office from the Secretary of State shall receive service credit based on their terms of office.

b. All other elective public officers shall receive service credit in accordance with paragraph (c).

2. For service performed on and after January 1, 1999, service credit for members holding an elective public office shall be granted in accordance with paragraph (c).

(e) In accordance with instructions issued by the Division of Retirement, employers shall identify all members of the retirement systems who work for a school system (district school board, participating public charter school or charter technical career center, community college, or state university) whose work year is less than 12 months. Each such identification shall also indicate the number of months in the member's work year. If salary payments are made in a greater or lesser number of months than the work year due to agency payroll procedures, the work year reported shall be the lesser of either the number of months paid or the number of months in the work year except that it shall not be less than 9 months.

(f) Service credit shall not be granted beyond the month of termination at retirement or death, except as provided in subsection 60S-2.010(4), F.A.C.

Notes

Fla. Admin. Code Ann. R. 60S-2.002

Rulemaking Authority 121.031 FS. Law Implemented 121.021, 121.031, 121.0515, 121.091, 121.111 FS.

New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Amended 12-31-74, 1-16-77, 7-1-79, 12-22-80, 8-26-81, 2-6-84, 11-6-84, 4-17-85, Formerly 22B-2.02, Amended 2-4-86, 3-11-87, 9-5-90, Formerly 22B-2.002, Amended 2-24-99, 8-13-03, 4-5-12.

New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Amended 12-31-74, 1-16-77, 7-1-79, 12-22-80, 8-26-81, 2-6-84, 11-6-84, 4-17-85, Formerly 22B-2.02, Amended 2-4-86, 3-11-87, 9-5-90, Formerly 22B-2.002, Amended 2-24-99, 8-13-03, 4-5-12.