Florida/Georgia Personal Injury & Workers Compensation

...By statute, "disability in line of duty" means an injury or illness arising out of and in the actual performance of duty required by a member's employment during his regularly scheduled working hours or irregular working hours as required by the employer. § 121.021(13), Fla....

...int of entry for Chapter 120 proceedings within the requirements of guidelines then applicable. That letter (1) informed appellant of the agency's determination of his ineligibility after January 1974 for participation in the retirement system under § 121.021, Florida Statutes; (2) tendered *682 to him "the net amount of ......

...Section 121.111, Florida Statutes (1995), specifies what military service is creditable for Florida Retirement System purposes. [1] Appellant relies on section 121.111(2), Florida *382 Statutes (1995), which authorizes credit for "military service as defined in s. 121.021(20)(b)." In turn, section 121.021(20)(b) defines "military service" as "actual `wartime service.'" (20) "Military service" of any member means: ....

...withstanding. But, if the Legislature had intended to adopt a federal statutory definition for state retirement system purposes, it could easily have done so by reference to a federal statute, a technique it used in other parts of chapter 121. E.g., § 121.021(20)(b), Fla....

...led to judicial deference. The final order of the Division of Retirement is affirmed. BARFIELD, C.J., and KAHN, J., concur. NOTES [1] Credit for military service. (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 upo...

...ods specified by the provisions of ss.2021 and 2024 of the Veterans' Reemployment Rights Act which are applicable in the member's case. (2) Any member whose initial date of employment is before January 1, 1987, who has military service as defined in s. 121.021(20)(b), and who does not claim such service under subsection (1) may receive creditable service for such military service if: (a) The member has completed a minimum of 10 years of creditable service; (b) Creditable service, not to exceed a...

...Division of Retirement, Case No. DR89-11 (Fla. Div. of Retirement August 2, 1990)(wartime attendance at service academy not creditable service for state retirement purposes). The record discloses no pertinent change in the Division's policy since the 1984 amendments to section 121.021(20)(b), Florida Statutes....

...sory members of the system are entitled to a full month's service credit for each month during which they are employed in a regularly established position without a break in continuous service, regardless of the amount of money they earn each month. Section 121.021(11), Florida Statutes (1981), defines an eligible "employee" as "any person receiving salary payments for work performed in a regularly established position." Section 216.011(1)( o ) provides that state employees fill one of two posit...

...216.011(1)( o ), Florida Statutes (1981). That rule also recognizes a regularly established position in terms of time worked by providing "it is also an employment position which will be in existence for a period of four or more consecutive months." Section 121.021(17), Florida Statutes (1981), defines an eligible employee's "creditable service" as "the sum of his past service, prior service, military service, workmen's compensation credit, and future service allowed within the provisions of this chapter." "Past service" is defined in section 121.021(18) as "the number of years and complete months and any fractional part of a month during which [the member] was in active employ of an employer prior to his date of participation" (emphasis added). The word "service" in "prior service" means "employment service which, at the time it is claimed as prior service, satisfies the requirements for a regularly established position, as defined by rules of the Florida Retirement System." § 121.021(19)(b). "Future service" is "service subsequent to date of the member's participation and may include authorized leaves of absence." § 121.021(21). "Continuous service," defined in section 121.021(38), means "creditable service as a member, beginning with the first day of employment ......

...eachers and school employees in terms of contract or school-term year of employment of less than twelve months duration, rather than in terms of the amount earned by an employee during a particular monthly or yearly period. Rule 22B-6.01(3), echoing section 121.021(38), defines a break in "continuous services" for purposes of the Florida Retirement System as meaning that "[a]n absence of one calendar month or more from the employer's payroll shall be considered a break in continuous service for...

...he Florida Retirement System act; and the minimum pay amounts incorporated by the rule are arbitrary and not reasonably related to the purpose of the act. See, Agrico Chemical Co. v. State, supra . AFFIRMED. SHIVERS and MILLS, JJ., concur. NOTES [1] § 121.021(11), Fla. Stat. (1981). [2] § 121.021(12), Fla....

...Stanley M. Danek, Division of Retirement, Tallahassee, for appellee. ZEHMER, Judge. Appellant, Paul E. Havener, appeals the final order of the State Retirement Commission which denies his claim for in-line-of-duty disability retirement benefits under section 121.021(13), Florida Statutes *232 (1983)....

...because Havener failed to timely request a hearing. We reverse. Havener was employed by the Florida Keys Aquaduct Authority as a welder/mechanic and maintenance supervisor for approximately nine and a half years. He was an "employee," as defined by section 121.021(10), Florida Statutes (1983)....

...aring was whether an injury or illness arising out of or in the actual performance of duty required by Havener's employment was the substantial producing cause or an aggravating cause of Havener's total and permanent disability. § 121.091(4)(a) and § 121.021(13), Florida Statutes (1983). Such finding is the essential predicate for in-line-of-duty benefits under section 121.021....

...ssion is supported by substantial evidence. § 121.23, Florida Statutes (1983). The test for an in-line-of-duty disability award is whether an injury or illness arises "out of and in the actual performance of duty required by a member's employment." § 121.021(13), Florida Statutes (1983). Section 121.021(13) does not exclude disabilities which arise from the aggravation of a preexisting condition....

...NOTES [1] The final order of the State Retirement Commission awarded regular disability retirement benefits pursuant to section 121.091(4), Florida Statutes (1983), but denied his claim for in-line-of-duty disability retirement benefits pursuant to section 121.021(13), Florida Statutes (1983)....

...The Florida Retirement System Act defines "disability in line of duty" as "... an injury or illness arising out of and in the actual performance of duty required by a member's employment during his regularly scheduled working hours or irregular working hours as required by the employer." Sec. 121.021(13), F.S....

...occurs." Bituminous Cas. Corp. v. Richardson, 148 Fla. 323, 325, 4 So.2d 378, 379 (1941). The linkage between workmen's compensation concepts and the Retirement System Act definition of "in line of duty" disability is underscored by the provision in § 121.021(13) that the administrator of the Division of Retirement, when initially passing on applications for such disability benefits, may require appropriate proof of the "cause of any such injury or illness" and, in that connection, that "[w]ork...

...Central Hotel, 135 So.2d 204 (Fla. 1961); Protectu Awning Shutter Co. v. Cline, 154 Fla. 30, 16 So.2d 342 (1944); Looney v. W & J Constr. Co., 289 So.2d 723 (Fla. 1974). That conclusion is consistent also with the single decision we are aware of which applies § 121.021(13)....

...Thomas E. Wright, Esquire, Tallahassee, for Appellee. BENTON, J. Jimmy L. Miller, a retired state employee already granted regular disability retirement benefits, appeals denial of his petition for in-the-line-of-duty disability retirement benefits. See § 121.021(13), Fla....

...The evidence concerning the cause of Caldwell's heart attack was conflicting. There was evidence that it was caused by arteriosclerosis unrelated to his employment, and there was evidence that recent employment stress or employment stress over a period of time caused the attack in whole or in part. Section 121.021(13), Florida Statutes (1975), provides in pertinent part: "`Disability in line of duty' means an injury or illness arising out of and in the actual performance of duty required by a member's employment during his regularly scheduled w...

...Jennings, Assistant Division Attorney, Division of Retirement, Tallahassee, for Appellee. *1029 ZEHMER, Chief judge. Billy Pridgeon, appeals the final order of the State Retirement Commission denying his claim for in-line-of-duty disability retirement benefits under section 121.021(13), Florida Statutes (1993)....

...The Commission concluded that Pridgeon was entitled to receive regular disability benefits under section 121.091(4), but that the evidence was insufficient to establish Pridgeon's entitlement to in-line-of-duty disability retirement benefits under section 121.021(13). Section 121.021(13) defines "disability in line of duty" as "an injury or illness arising out of and in the actual performance of duty required by a member's employment during his regularly scheduled working hours ......

...1st DCA 1984); § 121.23(4)(c), Fla. Stat. (1993). Pridgeon agrees that to meet the test for an in-line-of-duty disability award, he had to show that his injury arose "`out of and in the actual performance of duty required'" by his employment. Havener, 461 So.2d at 233, quoting § 121.021(13)....

...Appellants (the Department of Administration of the State of Florida, and Robert L. Kennedy, Jr., Executive Director of Division of Retirement, Department of Administration) contend that the trial court's interpretation of the statue governing such special risk membership, § 121.021(15), Florida Statutes, was erroneous and that the court erred in entering summary judgment. The trial court's ruling was based upon § 121.021(15), Florida Statutes 1973. Subsequently, that statute was amended by Chapter 75-248, Laws of Florida, which now is § 121.021(15), Florida Statutes 1975....

...In rendering our decision, we will consider the law as it exists at this time rather than at the time the judgment was entered. See Florida East Coast Railway Company v. Rouse, Fla., 194 So.2d 260 (1967); Phillips v. Phillips, Fla.App. (1st), 287 So.2d 149 (1973). § 121.021(15), Florida Statutes 1975, provides as follows: "(15) `Special risk member' means any officer or employee whose application is approved by the administrator and who receives salary payments for work performed as a peace officer; law enfor...

...The trial court ruled that he did not. We disagree. To understand the meaning of the current statute, we must consider the history of the "special risk" member category from the time the Florida Retirement System was first created in 1970. There the statute, § 121.021(15), Florida Statutes, 1971, was in the following form: "(15) `Special risk member' means any officer or employee receiving salary payments for work performed as a peace officer, law enforcement officer, policeman, highway patrolman, custo...

...page vii, and Chapter 75-169, Laws of Florida.) Prior to the compilation of the 1975 statutory revision, the statute with which we are now concerned was amended by Chapter 75-248, Laws of Florida, which is included in the 1975 statutory revision as § 121.021(15), Florida Statutes 1975, as heretofore quoted in this opinion....

...Reversed and remanded for further proceedings not inconsistent herewith. *359 LEE, THOMAS E., Associate Judge, concurs. ENGLAND, J., dissents. ENGLAND, Judge, dissenting. I respectfully disagree with the majority's conclusion that the Department of Administration ("Administration") has discretion under Section 121.021(15), as originally enacted or as set out in the most recent compilation of Florida Statutes, to impose a requirement of "hazard" on each category of state personnel enumerated in the applicable statutory provision....

...e executive branch of government. First, I am persuaded that Administration has not been given classification discretion in light of the intergovernmental relationship between it and the other agencies of government whose employees are enumerated in Section 121.021(15)....

...The Director of the Division of Retirement appeals the State Retirement Commission's award of regular disability retirement benefits to Wiggins; Wiggins cross-appeals the order denying her "in-line-of-duty" disability retirement benefits as defined in Section 121.021(13), Florida Statutes (1977)....

...Another doctor stated that Allen's illness, considering his personality, was a reaction to job stress. The Division of Retirement argued that the Commission was required to apply the "arising out of" test developed under worker's compensation law. The appellate court noted that Allen's benefits were conferred under section 121.021(13), Florida Statutes, which defined disability in the line of duty as an "injury or illness arising out of or in the actual performance of duty required by a member's employment during his regularly scheduled working hours or irregular hours as required by the employer." The court held the worker's compensation cases inapplicable because, "under Chapter 440, compensation is payable only for an `injury' arising in a certain way while section 121.021(13) is broader and defines disability in the line of duty as an `injury or illness' arising out of employment." In the instant case, the provision of the pension contract applies to "Any member who in the service has received ......

...n was supported by substantial evidence". Section 121.23(4), Florida Statutes. The test for an in-line-of-duty disability award is whether "an injury or illness arising out of and in the actual performance of duty required by a member's employment", section 121.021(13), was the substantial, producing cause or an aggravating cause of a member's total and permanent disability....

...irement system means the sum of his past service, prior service, military service and future service allowed within the provisions of this chapter if all required contributions have been paid and all other requirements of this chapter have been met. § 121.021(17), Florida Statutes (1987)....

...The points on appeal are: (1) whether the conclusion of the Commission that appellee is entitled to in-line-of-duty disability retirement benefits is based on competent, substantial evidence, and (2) whether appellee was entitled to benefits in light of Section 121.021(13), Fla....

...The physician further testified that appellee suffered from hypertension and that the stressful conditions of the job probably would have elevated appellee's blood pressure. We affirm Point One. In Point Two, appellant Division contends that the Commission, in determining what evidence is sufficient to prove causation for a Section 121.021(13) disability, is required to apply the "arising out of" test developed under workers' compensation law. Section 121.021(13), Fla....

...Here, the Commission noted that the preexisting condition was physical in Bolinger and that the appellee's preexisting condition was a mental and physical inability to cope with stress. The Division argues that Bolinger requires that the "arising out of" language in Section 121.021(13) should be construed the same as the "arising out of" language in Section 440.09(1) of the Workers' Compensation Law and that Richard E....

...tion between an internal failure of the cardiovascular system and the employment. *1194 We affirm the Commission's conclusion that Mosca is inapplicable. Under Chapter 440, compensation is payable only for an "injury," arising in a certain way while Section 121.021(13) is broader and defines disability in the line of duty as an "injury or illness" arising out of employment. Appellee is entitled to benefits under Section 121.021(13), Fla....

...*54 In Blanton v. Division of Retirement, 480 So.2d 134 (Fla. 1st DCA 1985), we stated: "The test for an in-line-of-duty disability award is whether `an injury or illness arising out of and in the actual performance of duty required by a member's employment', section 121.021(13), was the substantial, producing cause or an aggravating cause of a member's total and permanent disability." (emphasis supplied). See also Havener v. Division of Retirement, 461 So.2d 231, 233 (Fla. 1st DCA 1984), recognizing that "[s]ection 121.021(13) does not exclude disabilities which arise from the aggravation of a pre-existing condition." (emphasis supplied) It is undisputed that Dixon is permanently and totally disabled....

...entifiable effort not routine to the type of work the claimant was accustomed to performing. Robert E. Mosca & Co. v. Mosca, 362 So.2d 1340 (Fla. 1978). We have consistently refused to apply this standard to retirement disability benefit cases under Section 121.021(13)....

...ntiating it from most other occupations." Appellee also relies on the Botner case to affirm the denial of in-line-of-duty benefits. This court in Botner found that the evidence did not establish that Botner's disability fell within the parameters of Section 121.021(13)....

...hich applied to appellants' employment — and its placement of discretionary authority in the Division to approve as special risk "any other job in the field of law enforcement * * * if the [job's] duties are certified as hazardous by the employer." Section 121.021(15)....

...ellants urge vested when they elected to apply for special risk membership and were accepted. Second, the appellants make no showing that at the time their applications were approved they satisfied any of the minimum statutory conditions required by Section 121.021(29)(c), Florida Statutes (1971), i.e., length of service, age, disability, etc., entitling them to eligibility for pension benefits available to special risk members....

...I concur in the conclusion reached by the majority, i.e., that the appellants have no vested right to any Chapter 121, Florida Statutes, retirement benefits. This result is required, in my opinion, because the appellants have not satisfied the requirements necessary for retirement eligibility as established by § 121.021(29) or § 121.021(30), Florida Statutes....

...Ford Career Center in Duval County, a school for students having a history of poor grades, truancy, and juvenile delinquency, and who were verbally and physically abusive to Putnam. We affirm the order of the Division of Retirement, recognizing as we do that Section 121.021(13), Florida Statutes (1979) embraces either an injury or an illness arising out of and in the actual performance of the duties of one's employment....

...tomed work. Contrast Victor Wine & Liquor, Inc. v. Beasley, 141 So.2d 581 (Fla. 1962); Richard E. Mosca & Co., Inc. v. Mosca, 362 So.2d 1340 (Fla. 1978). Those limitations on compensable injuries in workers'compensation cases are not incorporated in Section 121.021(13), governing in-line-of-duty disability benefits....

...membership in the FRS. This appeal follows. Employees eligible for membership in the FRS may elect to participate in either the defined benefit retirement program (Pension Plan) or the Public Employee Optional Retirement Program (Investment Plan). §§ 121.021(3), 121.091 & 121.4501, Fla. Stat. (2010). The Investment Plan is a defined contribution plan with a shorter one-year vesting requirement. §§ 121.021(3) & 121.4501, Fla....

...2009-209, § 12, at 2134, Laws of Fla. Appellant asserts the SBA erred when it concluded he was a retiree who was precluded from renewed membership in the FRS under section 121.122(2). Appellant disputes he qualifies as a “retiree” under the statute, relying on section 121.021(60), Florida Statutes (2010), which defines “[rjetiree” as “a former member of *1015 the Florida Retirement System or an existing system who has terminated employment and is receiving benefit payments from the system in which he or she was a member.” (Emphasis added)....

...llant claims he is not a retiree who “is receiving benefit payments.” However, the SBA correctly responds that the statutory prohibition applies to “[a] retiree of a state-administered retirement system” and that “[s]ystem” is defined by section 121.021(3) as “including ......

...The Commission oversees chapter 121, which outlines the Florida Retirement System ("FRS"). The FRS divides members into different classes, which include regular and special-risk. A member of the special-risk class may retire earlier and receive a higher monthly benefit than regular class positions. § 121.021(29)(b), Fla....

“disability occurred in the line of duty....” Section 121.021(13), Florida Statutes (1995), provides, in

...Public Employees Relations Comm’n v. Dade County Police Benevolent Ass’n, 467 So.2d 987 (Fla.1985). In other words, an agency’s interpretation will prevail unless clearly erroneous. Daniel v. Florida State Turnpike Auth., 213 So.2d 585 (Fla.1968). Section 121.021, Florida Statutes (1991), defines “compensation” for retirement purposes and provides in part: (22) “Compensation” means the monthly salary paid a member ......

...When a member’s compensation is derived from fees set by statute, compensation shall be the total cash remuneration received from such fees. Under no circumstances shall compensation include fees paid professional persons for special or particular services. § 121.021(22), Fla....

...Where a defendant is not indigent, however, the defendant pays the fee to the court reporter directly. Williams, 647 So.2d at 323-24 (citation and footnote omitted). The district court concluded: “We are unable to say that the interpretation of the agency that these payments did not constitute compensation pursuant to section 121.021(22), Florida Statutes (1991), is improper.” Id....

ROBERT P. SMITH, Jr., Judge. Botner appeals from an order of the Retirement Commission denying him line-of-duty disability retirement benefits under section 121.021(13), Florida Statutes (1979)....

...We are concerned with petitioner’s eligibility for the system, not the amount of benefits he may receive. We think the facts as related demonstrate that the petitioner has complied with the provisions of F.S. § 121.-051 (2) (a)4 (1974) and is entitled to membership in FRS. “Employee” is defined in F.S. § 121.021(11) as “any person receiving salary payments for work performed in a regularly established position ....

...Petitioner had earned the sick leave he enjoyed through services already rendered. In truth, the payments received by petitioner while on sick leave were for “work performed.” Further, petitioner was a “member” of the Teachers’ Retirement System, an “existing system” as defined in F.S. § 121.021(2), on the date he informed his employer of his election to transfer to FRS....

reacted to the conflicts with these individuals. Section 121.021(13), Florida Statutes (1991), requires an illness

reaching the normal retirement age set forth in section 121.021(29), Florida Statutes.4 This office looked

PER CURIAM. Appellant, Reggie E. Jernigan, challenges the final order of the Division of Retirement denying his claim for “disability in-line-of-duty” retirement benefits under section 121.021(13), Florida Statutes (2004)....

Report of the Attorney General at p. 236.) Section 121.021(22), F. S., defines "compensation" and provides

...After hearing argument in these consolidated cases, we find that no conflict exists between decisions as required for conflict certiorari jurisdiction under Article V, Section 3(b)(3), Florida Constitution, and that the First District Court of Appeal did not inherently pass upon the constitutionality of Section 121.021(15), Florida Statutes....

or their beneficiaries may become entitled. Section 121.021(36), F.S. Cf., s. 215.32(1), F.S. Section 121

...121 , Florida Statutes, with retirement benefits calculated in accordance therewith). 5 The determination of whether an expenditure serves a public purpose is one that must be made by the governing body of the public entity and not by this office. 6 Section 121.021 (22), Fla....

...ted by substantial evidence.” See § 121.23(4), Fla. Stat. (2008). The test for an in-line-of-duty disability award is whether “ ‘an injury or illness arising out of and in the actual performance of duty required by a member’s employment,’ section 121.021(13), was the substantial, producing cause or an ag *604 gravating cause of a member’s total and permanent disability.” Blanton v....

...This conclusion is clearly correct. “[SJubse-quent to the completion of 10 years of creditable service,” § 121.091(7)(b), Fla. Stat. (1993), the statute contemplates death benefits of two kinds: *142 § 121.091(7)(b), Fla. Stat. (1993). Now defined by section 121.021(28)(c), Florida....

...ed to mean: [A]ny agency, branch, department, institution, university, institution of higher education, or board of the state, or any county agency, branch, department, board, district school board, or special district of the state . . . . 13 (e.s.) Section 121.021 (9), F.S., provides that a "special district" refers to an independent special district as defined in s....

...12 The statute recognizes certain exceptions; for example, for elected officers who meet the requirements of s. 121.052 (3) or for officers and employees of an employer referred to in s. 121.051 (1)(b), F.S., a city or special district that has an existing retirement system covering its employees. 13 Section 121.021 (10), F.S....

interpretation which respondents have placed upon § 121.021(15), Florida Statutes 1975, (a portion of the

has terminated employment as prescribed in section 121.021(39), Florida Statutes, as follows: "a member

...int annuitant for retirement benefits payable following the retirement of her former husband, George Bean. This controversy arises because of a change in the statutory definition of “joint annuitant” in 1995. See ch. 95-338, Laws of Fla. Compare § 121.021(28), Fla. Stat. (1993), with § 121.021(28), Fla....

...financially dependent for at least one-half of his or her support from the retiring member at the time of that member’s retirement. See § 121.091(6)(d), Fla. Stat. (1993) (providing joint annuitant must be either spouse or “other dependant”); § 121.021(28)(c), Fla....

...Subsection 121.091(4)(d) currently embodies the same provisions as in 1973. Subsection 121.091(4)(b), however, provides that total and permanent disability and retirement benefits therefor shall be determined by the director of the Division of Retirement pursuant to the statutes. See § 121.021(5), Fla.Stat....

...on the form submitted by Griffin, but the information given by Griffin simply established the last date that she worked, and not a date of termination. Since “[a] leave of absence shall constitute a continuation of the employment relationship,” § 121.021(39), Fla....

...ivities by a state or local unit from an employing entity which was not an employer under the system, and such person becomes a member of the Florida Retirement System, such person shall be entitled to receive “past service” credit as defined in s. 121.021(18) for the time such person performed services for, and was an employee of, said state or local unit or other employing entity prior to the transfer, merger, consolidation, or assumption of functions and activities, [e.s.] Section 121.021(18) defines past service as the number of years and complete months and any fractional part of a month, recognized and credited by an employer and approved by the adminis *529 trator, during which he was in the active employ of an employer prior to his date of participation....

opinion. ALLEN and DAVIS, JJ., concur. . Section 121.021(13) defines "disability in line of duly" as

...y a hearing officer of the Division of Administrative Hearings. The widow seeks reversal of the agency order. We agree with the Division that Deputy Walker’s death did not occur “in line of duty.” That phrase is defined for present purposes by Section 121.021(14), Florida Statutes (1977), as follows: “Death in line of duty” means death arising out of and in the actual performance of duty required by a member’s employment during his regularly scheduled working hours or irregular worki...

...Prior to amendment of Chapter 121 by Section 121.0515, Florida Statutes (1978), the statute did not specify the criteria which applied to special risk membership. Until October 1, 1978 (the effective date of the amendment), “special risk member” was defined by Section 121.021(15), Florida Statutes (1975), as follows: [A]ny officer or employee whose application is approved by the administrator and who receives salary payments for work performed as a peace officer; law enforcement officer; policeman; highway...

...but excluding secretarial and clerical employees; fireman; or an employee in any other job in the field of law enforcement or fire protection if the duties of such person are certified as hazardous by his employer. Effective October 1,1978, amended Section 121.021(15)(b) clarified the term “special risk member” to mean a member who is designated as a special risk member by the Division in accordance with Section 121.-0515, employed as a law enforcement officer, a fire fighter, or a correcti...

...Is a county employee who retires early at an age younger than the normal retirement age and who was enrolled in the Public Employee Optional Retirement Program entitled to receive group insurance benefits immediately after retirement, but before reaching the normal retirement age set forth in section 121.021 (29), Florida Statutes? 2. If not, is such an employee entitled to receive group insurance benefits when he or she reaches the normal retirement age? Question One Section 121.021 (12), Florida Statutes, defines a "[m]ember" of the Florida Retirement System as "any officer or employee who is covered or who becomes covered under this system in accordance with this chapter." A member's normal retirement date is defined in section 121.021 (29), Florida Statutes. 1 "Early retirement date," however, is defined in subsection 121.021 (30), Florida Statutes, as "the first day of the month following the date a member becomes vested and elects to receive retirement benefits in accordance with this chapter....

...ent Program established under part II of chapter 121 shall be considered a "retired officer or employee" or "retiree" as used in this section if he or she : ( a) Meets the age and service requirements to qualify for normal retirement as set forth in s. 121.021 (29); or ( b) Has attained the age specified by s....

...72(t)(2)(A)(i) of the Internal Revenue Code 3 and has 6 years of creditable service. " 4 (e.s.) The plain language of the statute requires a retiree under the Public Employee Optional Retirement Program (PEORP) to have met the age and service requirements for normal retirement prescribed in section 121.021 (29), Florida Statutes, or attained the age of 59½ with six years of creditable service....

...ication as to whether Public Employees Optional Retirement Program participants who retire early may participate in an agency's group insurance program once they reach the minimum age requirements. Sincerely, Bill McCollum Attorney General BM/tals 1 Section 121.021 (29), Fla....

...Stat., setting forth the eligibility for a retiree's health insurance subsidy "[f]or a participant of the Public Employee Optional Retirement Program established under part II of chapter 121, the participant meets the age or service requirements to qualify for normal retirement as set forth in s. 121.021 (29)." 6 See Alsop v....

...An individual is eligible when he or she terminates employment with all employers participating in the Florida Retirement System and, for a participant in the Public Employee Optional Retirement Program, "meets the age or service requirements to qualify for normal retirement as set forth in s. 121.021 (29)." 8 The terms and conditions of the county's group insurance plan would ultimately control whether a former employee who has retired early to reestablish coverage when the individual reaches the required age....

...bility. As correctly observed by the Commission in its final order, “[t]he test for an in-line-of-duty disability award is whether ‘an injury or illness arising out of and in the actual performance of duty required by a member’s employment’, section 121.021(13), was the substantial, producing cause or an aggravating cause of a member’s total and permanent disability.” Blanton v....

...Under the Florida Retirement System, section 121.091(1), Florida Statutes (1987), a member is entitled to obtain retirement benefits when he reaches his “normal retirement date.” The normal retirement date is the first day of any month following the date a member attains the applicable status enumerated in the statute. § 121.021(29), Fla.Stat. (1987); see Polk County School Board v. Cobbett, 547 So.2d 991 (Fla. 1st DCA 1989). Section 121.021(29)(c) allows special risk members to achieve retirement status upon the completion of 25 years of creditable service, regardless of age....

category. The legislature, in its wisdom, enacted Section 121.021(15), Florida Statutes, which defines “special

...We can only conclude that the “prescribed form” which the school board filed with the Division was not designed to furnish the Division with sufficient information to determine whether the appellant was qualified for enrollment in FRS. As far as qualification for enrollment is concerned, section 121.021, Florida Statutes (1983), provides that “member” means “any officer or employee who is covered or who becomes covered under this system in accordance with this chapter.” In an effort to describe persons who are not employees,...

county funds and other county-related duties. Section 121.021(10), F. S., defines the term `employer' as

PER CURIAM. The Commission’s order terminating Leonard’s disability benefits apparently relied upon Fla.Admin.Code Rule 22B-4.10G. However, given the statutory definition of “employer” in Section 121.021(10), Florida Statutes (Supp.1976), we do not find the rule applicable to one who is an employer in the private sector....

...It is the fees for transcription of criminal proceedings that are in issue here. In this regard, the parties have cited no agency final order or appellate decision which deals squarely with this issue. To resolve this issue, it is necessary to analyze Subsection 121.021(22), Florida Statutes (1991), which defines compensation for retirement purposes, and various Division rules which affect retirement benefits....

...In doing so, the undersigned recognizes the general principle that pension laws, including those contained in chapter 121, should be liberally construed in favor of the participant. City of West Palm Beach v. Holaday, 234 So.2d 24, 26 (Fla. 4th DCA 1970). 4.Under Subsection 121.021(24), Florida Statutes (1991), an employee retired from a regularly established position with state or local government is entitled to have his or her retirement benefits calculated using “the average annual compensation of the five...

...ional persons for special or particular services” is excluded from the calculation of average compensation. This exclusion is also found in Rule 22B-6.001(16)(b), Florida Administrative Code. The term compensation is defined in relevant part in Subsection 121.021(22), Florida Statutes (1991) as follows: (22) ‘Compensation’ means the monthly salary paid a member, including overtime payments paid from a salary fund, as reported by the employer on the wage and tax statement (Internal Revenue Service form W-2) or any similar form....

...ber including, among other things, “cash remuneration received for fees set by statute.” 5. To support her position, petitioner generally contends that all remuneration received under chapter 29 qualifies as compensation within the meaning of subsection 121.021(22) since it was either salary or fees set by statute....

...shed County position, and under rule 22B-1.004(4)(b)l., those fees should be considered a part of her overall compensation. In brief, the Division responds that the fees received by petitioner from the County fail to qualify as compensation under subsection 121.021(22) for several reasons....

...n” who was paid fees for special or particular services, and fourth, the statute itself provides that either fees and salary may be used to compute average annual compensation for retirement purposes, but not both. [[Image here]] This language [in section 121.021(22), Florida Statutes] is plain and unambiguous....

..., petitioner’s amended petition should be granted. 7. In reaching the above conclusion, the undersigned has considered respondent’s contention that because the fees were not reported on a W-2 form, they cannot be treated as compensation under subsection 121.021(22)....

...The undersigned has also considered and rejected the contention that petitioner’s remuneration for transcribing criminal proceedings constituted “fees paid to professional persons for special or particular services” within the meaning of the last sentence of subsection 121.021(22)....

...articular service” while labeling the reporting of the identical proceeding as something else. Indeed, the statute does not contemplate such a distinction. The undersigned has also considered respondent’s contention that its interpretation of subsection 121.021(22) should be accorded great weight unless shown to be clearly erroneous....

...reporter. This contention is deemed to be unavailing since the evidence of record reflects that petitioner was a full-time employee of the County and filled a regularly established position within the meaning of rule 22B-6.001(49). 8. In summary, subsection 121.021(22) does not forbid the inclusion of both salary and fees set by statute in the calculation of a member’s retirement benefits....

...y fund, as reported by any employer on the wage and tax statement (Internal Revenue Service Form W-2) or any similar form. The fee payments in question would not, therefore, qualify as “compensation” under the first sentence of its definition in Section 121.021(22), Florida Statutes. (4) It is the position of the Petitioner that the fee payments in question, having been set by statute, qualified such fees to be compensation under the above-quoted second sentence in the definition of “compensation” in Section 121.021(22), Florida Statutes....

...In reaching such conclusion the Respondent has construed the relevant section of Chapters 121 (FRS) and 122 (SCOERS), Florida Statutes, as follows. [[Image here]] (13) Official Court Reporters are “professional persons” within the meaning of that term in the third sentence of Section 121.021(22), Florida Statutes_ The payments that the Petitioner received from Gadsden County enumerated on pages 4 through 8 of her Amended Petition were “fees paid a professional person for special or particular services.” These payments...

...inion of the Attorney General of Florida (1957 Op.Att’y Gen.Fla. 057-109 (April 26, 1957)) quoted above on page 15. Such fee payments for special or particular services, therefore, did not constitute compensation within the meaning of that term in Section 121.021(22), Florida Statutes, which excludes same from its definition....

...We do not find that this factual determination is dispositive, however. The real dispute between the parties is not a factual one, as evidenced by the extensive factual stipulation between the parties. The dispute concerns the legal interpretation of section 121.021(22), Florida Statutes, and rule 22B-6.001(16), Florida Administrative Code. Section 121.021(22), Florida Statutes (1991), reads as follows: “Compensation” means the monthly salary paid a member, including overtime payments paid from a salary fund, as reported by the employer on the wage and tax statement (Internal Revenue Service form *323 W-2) or any similar form....

...2) fees for transcription are not payments paid “from a salary fund, as reported by the employer on the wage and tax statement (Internal Revenue Service form W-2) or any similar form,” and these fees do not constitute compensation as defined in section 121.021(22), Florida Statutes....

...Nor is this work additional duties for the same employer pursuant to rule 22B-1.004(4)(b), Florida Administrative Code. Payments are merely made on behalf of a third party for professional services. We are unable to say that the interpretation of the agency that these payments did not constitute compensation pursuant to section 121.021(22), Florida Statutes (1991), is improper....

...121, id., new county and district school board employees are required to participate in the state retirement system, s. 121.051 (1); and employees participating in one of the old systems were authorized to transfer to the new system and could receive credit for years of past service in the appropriate circumstances. Section 121.021 ....

...The E/C had stipulated to the compensability of claimant’s back injury, had paid TTD, TPD, and wage loss benefits for certain periods, and had agreed to pay certain medical costs incurred by the claimant. In discussing his reasons for including the retirement benefits in the AWW, the DC found that sections 121.021(13), and sections 121.091(4) and (5), Fla.Stat....

...f duty regardless of length of service. Claimant’s impairment rating is 5% as found by the DC and that finding is supported by competent, substantial evidence. There is no evidence that the claimant is totally and permanently disabled. Except that Section 121.021(13) defines “disability in line of duty” as used in section 121.091(4), that section is of no consequence to this case....

...Section 121.091(1) does aid in the determination of whether the claimant's retirement benefits have vested. That statute refers to normal retirement benefits and states that a member may begin receiving a monthly benefit upon reaching his normal retirement date. Under section 121.021(29) “normal retirement date” means the first day of any month following the date a member obtains one of a number of statuses, all of which require at least seven years of creditable service....

...The Florida Retirement System, created by the Florida Legislature and codified in Chapter 121, Florida Statutes, provides retirement benefits for specified employees. Eligible employers participate in the Florida Retirement System by making contributions for the benefit of its employees at a rate established by law. Section 121.021(10) and Section 121.071, Florida Statutes (2001) 1 . Service credit under the Florida Retirement System is awarded to Florida Retirement System member employees for any month of creditable service as provided for in section 121.021(17)(a), Florida Statutes (2001), in pertinent part, as “the sum of all his or her past service, prior service, military service, out-of-state or non-FRS in-state service, workers’ compensation credit, leave-of-absence credit and f...

...Because it is undisputed that The Florida Bar does not participate in, or pay contributions to, the Florida Retirement System for the benefit of its employees, Appellant’s period of employment with The Florida Bar does not constitute creditable service in the Florida Retirement System pursuant to section 121.021(17)(a), Florida Statutes (2001). Therefore, Appellant is not entitled to retirement credit pursuant to section 121.021(17)(b), Florida Statutes (2001)....

...on. The definitional section of the statute specifically requires that employees meeting the criteria set forth in Section 121.0515(2)(f), be employed either by the Department of Corrections, or by the Department of Children and Family Services. See § 121.021(15)(d)(2), Fla....

...It is a basic tenet of statutory construction that courts are required to give statutory language its plain and ordinary meaning. See Green v. State, 604 So.2d 471 (Fla.1992); Southeastern Fisheries Ass'n, Inc. v. Dep't of Natural Res., 453 So.2d 1351 (Fla.1984). The plain and ordinary meaning of Section 121.021(15)(d)(2) requires that a special risk member be employed by the Department of Corrections or the Department of Children and Family Services....

...That is so because chapter 121, Florida Statutes, defines "special risk member" (so far as pertinent here) as including any "member who is employed by the Department of Corrections or the Department of Children and Family Services and meets the special criteria set forth in s. 121.0515(2)(f)." § 121.021(15)(d)2., Fla....

...Although ideally county and local employees should be granted the same treatment as state employees, another possibility might be to allow county and local governments the option to provide special risk benefits under paragraph (2)(f) if they so choose. NOTES [1] Section 121.021(15)(d)(2), Florida Statutes (2003), specifically states: "Effective January 1, 2001, "special risk member" includes any professional health care bargaining unit or non-unit member who is employed by the Department of Corrections or th...

...As Lavondra correctly points out, "heir" is simply a subset of "beneficiary." In the May 12, 2004 letter acknowledging receipt of the court order, the Department stated that an order determining beneficiaries was not relevant to the issue of who qualifies as a joint annuitant under Chapter 121. [4] Section 121.021 defines "joint annuitant" as follows: (28) "Joint annuitant" means any person designated by the member to receive a retirement benefit upon the member's death who is: (a) The spouse of the member; (b) The member's natural or adopted c...

appellants’ attack on the constitutionality of Section 121.021(15), Florida Statutes (1977) to be without

...Retirement Commission. Two years later, the Commission held a hearing and voted to deny Mr. O’Meara’s application. The Commission issued a final order on April 20, 2015, and Mr. O’Meara timely appealed. Analysis Section 121.021(13), Florida Statutes, defines disability in line of duty as “an injury or illness arising out of and in the actual performance of duty required by a member's employment during his regularly scheduled working hours ....

...Appellee appealed the denial to the SRC pursuant to Section 121.23, Florida Statutes. The SRC reversed the decision of the administrator and awarded appellee in-line-of-duty disability benefits. On appeal, the issue is the application to the facts here of Section 121.021(13), Florida Statutes, which provides in pertinent part as follows: “Disability in line of duty” means an injury or illness arising out of and in the actual performance of duty required by a member’s employment during his regula...