Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60S - Division of Retirement › Chapter 60S-2 - CREDITABLE SERVICE › Section 60S-2.002 - Statements of Policy

Current through Reg. 50, No. 138; July 16, 2024
(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.