Florida Statute 112.65 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 112
PUBLIC OFFICERS AND EMPLOYEES: GENERAL PROVISIONS

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F.S. 112.65

112.65 Limitation of benefits.—

(1) ESTABLISHMENT OF PROGRAM.—The normal retirement benefit or pension payable to a retiree who becomes a member of any retirement system or plan and who has not previously participated in such plan, on or after January 1, 1980, may not exceed 100 percent of his or her average final compensation. However, this section does not apply to supplemental retirement benefits or to pension increases attributable to cost-of-living increases or adjustments. For the purposes of this section, benefits accruing in individual member accounts established under the investment plan established in part II of chapter 121 are considered supplemental benefits. As used in this section, the term “average final compensation” means the average of the member’s earnings over a period of time which the governmental entity has established by statute, charter, or ordinance.

(2) RESTRICTION.—No member of a retirement system or plan covered by this part who is not now a member of such plan shall be allowed to receive a retirement benefit or pension which is in part or in whole based upon any service with respect to which the member is already receiving, or will receive in the future, a retirement benefit or pension from a different employer’s retirement system or plan. This restriction does not apply to social security benefits or federal benefits under chapter 67, Title 10, United States Code.

History.—s. 1, ch. 78-170; s. 17, ch. 79-183; s. 4, ch. 88-382; s. 723, ch. 95-147; s. 2, ch. 99-392; s. 1, ch. 2000-169; s. 4, ch. 2011-68.

F.S. 112.65 on Google Scholar

F.S. 112.65 on Casetext

Amendments to 112.65

Arrestable Offenses / Crimes under Fla. Stat. 112.65

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 112.65.

Annotations, Discussions, Cases:

Cases Citing Statute 112.65

Total Results: 3

City of St. Petersburg v. Remia

Court: Fla. Dist. Ct. App. | Date Filed: 2010-07-16T00:00:00-07:00

Citation: 41 So. 3d 322, 2010 Fla. App. LEXIS 10448, 2010 WL 2788287

Snippet: officers in its operation, except as provided under s. 112.65. 2D09-4233, 2D09-4444 District Court

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Court: Fla. Att'y Gen. | Date Filed: 2003-11-02T23:53:00-08:00

Snippet: firefighters in its operation, except as provided under s. 112.65."5 Section 175.071, Florida Statutes, prescribes… 4 Section 175.021(2), Fla. Stat. 5 Id. Section 112.65, Fla. Stat., prescribes limitations on the benefits

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Court: Fla. Att'y Gen. | Date Filed: 1996-09-11T00:53:00-07:00

Snippet: applicability of section 112.65(2), Florida Statutes? 2. Can section 112.65(2), Florida Statutes, be …date for section 112.65(2), Florida Statutes, was October 1, 1978. 2. Section 112.65(2), Florida Statutes… One? 3. Is the limitation contained in section 112.65(2), Florida Statutes, applicable to pensions drawn…publicly funded, are not within the scope of section 112.65(2), Florida Statutes. The City of Leesburg has …benefits for public employees. You note that section 112.65, Florida Statutes, contains two subsections limiting