Florida Statute 122.16 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 122
STATE AND COUNTY OFFICERS AND EMPLOYEES RETIREMENT SYSTEM

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F.S. 122.16

122.16 Employment after retirement.—

(1) Any person who is retired under this chapter, except under the disability retirement provisions of ss. 122.09 and 122.34, may be employed by an employer that does not participate in a state-administered retirement system and may receive compensation from such employment without limiting or restricting in any way the retirement benefits payable to such person.

(2)(a) Any person retired under this chapter, except under the disability retirement provisions of ss. 122.09 and 122.34, may be reemployed by any private or public employer after retirement and receive retirement benefits and compensation from his or her employer without limitation, except that no person may receive both a salary from reemployment with any agency participating in the Florida Retirement System and retirement benefits under this chapter for a period of 12 months immediately subsequent to the date of retirement.

(b) Any person to whom the limitation in paragraph (a) applies who violates such reemployment limitation and is reemployed with any agency participating in the Florida Retirement System prior to completion of the 12-month limitation period shall give timely notice of this fact in writing to his or her employer and to the department; and his or her retirement benefits shall be suspended for the balance of the 12-month limitation period. Any person employed in violation of this subsection and any employing agency which knowingly employs or appoints such person without notifying the department to suspend retirement benefits shall be jointly and severally liable for reimbursement to the retirement trust fund of any benefits paid during the reemployment limitation period. To avoid liability, such employing agency shall have a written statement from the retiree that he or she is not retired from a state-administered retirement system. Any retirement benefits received by such person while he or she is reemployed during this reemployment limitation period shall be repaid to the retirement trust fund, and his or her retirement benefits shall remain suspended until such repayment has been made. Any benefits suspended beyond the reemployment limitation period shall apply toward the repayment of benefits received in violation of the reemployment limitation.

(c) The employment by an employer of any retiree of a state-administered retirement system shall have no effect on the average final compensation or years of creditable service of such retiree. Prior to July 1, 1991, upon employment of any person, other than an elected officer as provided in s. 121.053, who has been retired under a state-administered retirement program, the employer shall pay retirement contributions in an amount equal to the unfunded actuarial accrued liability portion of the employer contribution which would be required for a regular member of the Florida Retirement System. Effective July 1, 1991, contributions shall be made as provided in s. 121.122 for renewed membership.

(d) The limitations of this subsection apply to reemployment in any capacity with an employer as defined in s. 121.021(10), irrespective of the category of funds from which the person is compensated.

History.—s. 17, ch. 29801, 1955; s. 6, ch. 57-364; s. 1, ch. 57-803; s. 1, ch. 57-1982; s. 2, ch. 61-119; s. 8, ch. 65-484; ss. 31, 35, ch. 69-106; s. 1, ch. 72-335; s. 3, ch. 72-345; s. 3, ch. 80-126; s. 7, ch. 81-307; s. 21, ch. 84-266; s. 20, ch. 90-274; s. 15, ch. 92-122; s. 790, ch. 95-147; s. 64, ch. 99-255.

F.S. 122.16 on Google Scholar

F.S. 122.16 on Casetext

Amendments to 122.16

Arrestable Offenses / Crimes under Fla. Stat. 122.16

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 122.16.

Annotations, Discussions, Cases:

Cases Citing Statute 122.16

Total Results: 13

Beers v. Public Health Trust of Dade County

Court: District Court of Appeal of Florida | Date Filed: 1985-05-21

Citation: 468 So. 2d 995, 10 Fla. L. Weekly 715, 1985 Fla. App. LEXIS 14029

Snippet: g., Tigertail Quarries, Inc. v. Ward, 154 Fla. 122, 16 So.2d 812, 813-14 (1944) ("Although it may be the

D. C. E. v. State

Court: District Court of Appeal of Florida | Date Filed: 1979-10-26

Citation: 381 So. 2d 1097, 1979 Fla. App. LEXIS 16357

Snippet: unconstitutional application of Pensacola municipal ordinance 122-16.1, and it is accordingly reversed. Appellant finally

DCE v. State

Court: District Court of Appeal of Florida | Date Filed: 1979-10-26

Citation: 381 So. 2d 1097

Snippet: unconstitutional application of Pensacola municipal ordinance 122-16.1, and it is accordingly reversed. Appellant finally

Martin v. Williams

Court: District Court of Appeal of Florida | Date Filed: 1978-11-28

Citation: 364 So. 2d 549, 1978 Fla. App. LEXIS 17037

Snippet: 1968 F.S. 122.16(l)(a) and F.S. 122.-16(l)(b) provided (in material part) as follows: “122.16 Employment

Ago

Court: Florida Attorney General Reports | Date Filed: 1974-02-28

Snippet: of Florida) is silent on this question. (Cf. s.122.16, F.S., which formerly provided that retirement

King v. Keller

Court: Supreme Court of Florida | Date Filed: 1962-05-16

Citation: 141 So. 2d 259

Snippet: opinion in Tigertail Quarries Inc. v. Ward, 154 Fla. 122, 16 So.2d 812. It is contended that we there held that

Aronson v. Congregation Temple De Hirsch

Court: District Court of Appeal of Florida | Date Filed: 1960-06-16

Citation: 123 So. 2d 408, 1960 Fla. App. LEXIS 2439

Snippet: the case of Tigertail Quarries v. Ward, 154 Fla. 122, 16 So.2d 812, the Supreme Court, after previously

Flagler Funeral Service, Inc. v. Schulz

Court: District Court of Appeal of Florida | Date Filed: 1957-10-10

Citation: 97 So. 2d 347

Snippet: the-Deputy. See Tigertail Quarries v. Ward, 154 Fla. 122, 16 So.2d 812; Hillyer & Lovan v. Florida Industrial

Wilson Cypress Company v. Miller

Court: Supreme Court of Florida | Date Filed: 1946-05-24

Citation: 26 So. 2d 441, 157 Fla. 459, 1946 Fla. LEXIS 765

Snippet: opinion in Tigertail Quarries v. Ward, 154 Fla. 122, 16 So.2d 812. The distinction between this case and

City of Miami v. Dan Saco

Court: Supreme Court of Florida | Date Filed: 1945-12-04

Citation: 24 So. 2d 115, 156 Fla. 634, 1945 Fla. LEXIS 952

Snippet: 675; Tigertail Quarries, Inc., v. Ward, 154 Fla. 122, 16 So.2d 812. *Page 636 Section 440.27 Florida Statutes

Contractors Contract Noy 5948 v. Morris

Court: Supreme Court of Florida | Date Filed: 1944-06-02

Citation: 18 So. 2d 247, 154 Fla. 497, 1944 Fla. LEXIS 744

Snippet: in Tigertail Quarries, Inc., v. Ward, 154 Fla. 122, 16 So.2d 812. The motion to dismiss is hereby denied

Florida Forest & Park Service v. Eston Strickland

Court: Supreme Court of Florida | Date Filed: 1944-05-19

Citation: 18 So. 2d 251, 154 Fla. 472, 1944 Fla. LEXIS 736

Snippet: in Tigertail Quarries, Inc. v. Ward, 154 Fla. 122, 16 So.2d 812 — that an appeal from an order of a deputy

Davis v. Artley Construction Co.

Court: Supreme Court of Florida | Date Filed: 1944-05-19

Citation: 18 So. 2d 255, 154 Fla. 481, 1944 Fla. LEXIS 737

Snippet: Tigertail Quarries Inc., et al., v. Ward,154 Fla. 122, 16 So.2d 812, in the majority and controlling opinion