A member who has been eligible or becomes eligible to receive
temporary total or temporary partial Workers' Compensation payments for an
injury or illness occurring during his employment as a member of any
state-administered retirement system shall receive retirement credit for such
period, not to extend beyond the earlier of the date the member reaches maximum
medical improvement as defined in Section
440.02(8),
F.S., or terminates employment as provided in Rule
60S-6.001, F.A.C., in accordance
with the following provisions:
(1) A
member must return to active employment immediately upon recovery, for at least
one calendar month, performing service in a regularly established position with
any participating employer, or, effective July 1, 1990, be approved for
disability retirement as provided in Rule
60S-4.007, F.A.C. The Division
may require evidence of the member's bona fide return to work and medical
evidence of his ability to return to work.
(2) For periods of Workers' Compensation
prior to July 1, 1990:
(a) A member who
receives only Workers' Compensation benefits during this period shall, upon his
return to active employment, receive full retirement credit for the period
during which Workers' Compensation payments were received. Such credit shall be
based on his rate of monthly compensation immediately prior to his receiving
Workers' Compensation payments.
(b)
A member who receives partial salary in addition to the Workers' Compensation
payments he receives shall have the required contributions deducted or paid as
required in Rule
60S-3.003, F.A.C., based on the
compensation he receives from a salary fund each pay period, and, upon his
return to active employment he shall receive full retirement credit for such
period based on his rate of monthly compensation immediately prior to his
receiving Workers' Compensation payments. If he does not return to active
employment he shall receive retirement credit as provided in paragraph
60S-2.002(4)(c),
F.A.C., based on the actual amount of salary he received during the period he
received Workers' Compensation payments; or
(c) A member who is retained in full pay
status in lieu of receiving Workers' Compensation payments shall have the
required contributions deducted or paid as required in Rule
60S-3.003, F.A.C., based on his
salary each pay period and shall receive retirement credit for such period in
the same manner he would have received credit had he not been injured or
incapacitated.
(d) The Division
must receive written certification from the member's employer of the member's
periods of Workers' Compensation for the member to receive retirement credit
under this section unless he is subject to paragraph (c).
(e) Retirement contributions for Workers'
Compensation credit shall be paid as follows:
1. For Workers' Compensation credit as
provided in paragraph (a), no contributions are required for retirement or
Social Security.
2. For Workers'
Compensation credit as provided in paragraph (b), payments for retirement
contributions shall be made on the partial salary received in accordance with
Rule
60S-3.003, F.A.C. No
contributions shall be made on the Workers' Compensation payments. For the
member to receive free retirement credit, the employer shall also report the
difference between the total of the Workers' Compensation payments plus the
partial salary received, and the member's gross salary prior to the
commencement of Workers' Compensation'
(3) Effective July 1, 1990, a member shall
receive full retirement credit for the period during which he received Workers'
Compensation payments. Such credit shall be based on his rate of monthly
compensation immediately prior to his receiving Workers' Compensation payments.
The employer of record at the time of the member's Worker's Compensation injury
or illness shall make the required retirement contributions based on the
contribution rate in effect during the period and the member's compensation
immediately prior to his receiving Workers' Compensation payments. The employer
shall pay such contributions immediately upon the member's eligibility to
receive credit. Such contributions for periods of Workers' Compensation are due
and required to be paid on the first payroll report after the member has
returned to work and completed one calendar month of active employment; or
after the Division notifies the employer that the member has been approved for
disability retirement. A delinquent fee of 1% per month shall be charged on all
contributions not paid on the first payroll report after the member becomes
eligible to receive credit.
(4)
Retirement credit claimed in accordance with this section shall be based on the
member's class of membership immediately prior to his eligibility for Workers'
Compensation payments.
Notes
Fla. Admin. Code Ann. R. 60S-2.012
Rulemaking Authority
121.031 FS. Law Implemented
121.071(5),
121.125
FS.
New 10-20-72, Repromulgated 12-31-74, Amended 8-26-81,
4-17-85, Formerly 22B-2.12, Amended 2-4-86, 2-7-89, 11-14-91, Formerly
22B-2.012, Amended 3-18-93, 12-12-96.
New 10-20-72, Repromulgated 12-31-74, Amended 8-26-81,
4-17-85, Formerly 22B-2.12, Amended 2-4-86, 2-7-89, 11-14-91, Formerly
22B-2.012, Amended 3-18-93,
12-12-96.
