Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60S - Division of Retirement › Chapter 60S-2 - CREDITABLE SERVICE › Section 60S-2.012 - Workers'Compensation Credit

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