Florida Florida Statutes

§ 121.111 — Credit for military service

FS § 121.111Ch. 121

Statute text

(1)Creditable service of any member shall also include military service as defined in s. 121.021(20)(a) if:(a) The member is in the active employ of an employer immediately prior to such service and leaves a position, other than a temporary position, for the purpose of induction into the Armed Forces of the United States or entry upon duty in the Armed Forces of the United States. When applied to the Florida Retirement System:1. The term “position other than a temporary position” means a regularly established position with a Florida Retirement System employer; and 2. A member shall be construed to have left his or her employment for military purposes if he or she reported for active duty within 60 days after leaving such employment;

(b)The member is entitled to reemployment under the provisions of the [1]Veterans' Reemployment Rights Act (38 U.S.C. ss. 2021 et seq.);

(c)The member applies for reemployment with the same employer within the time set forth in s. 2021 or s. 2024 of the [1]Veterans' Reemployment Rights Act, whichever is applicable, and is reemployed by such employer;

(d)The member makes the required employee contributions, if any, and the employer makes the required employer contributions for the employee's membership class for each month of service credit during such period of military service, based upon the employee's rate of monthly compensation as of the date that the employee left his or her position, plus 4 percent interest on such contributions compounded annually from the due date of the contribution until July 1, 1975, and 6.5 percent interest compounded annually thereafter, until the payment is made to the proper retirement trust fund; and

(e)The period of service claimed pursuant to this subsection does not exceed the periods specified by the provisions of ss. 2021 and 2024 of the [1]Veterans' Reemployment Rights Act which are applicable in the member's case.

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Legislative history

s. 10, ch. 94-259; s. 9, ch. 96-368; s. 11, ch. 97-180; s. 10, ch. 2000-169; ss. 40, 41, ch. 2003-399; s. 10, ch. 2009-209; s. 18, ch. 2011-68.