Florida Statute 122.28 | 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. 122.28

122.28 Benefits.—The relevant provisions of ss. 122.01-122.12, 122.15, 122.16, 122.18 to 122.20, inclusive, fixing or relating to eligibility for retirement, retirement compensation, and other benefits payable to members or for the account of members of this system in relation to members in division A hereof, shall apply with equal force and effect to members of division B, with the following exceptions:

(1) For the period of service of the member prior to the effective date of his or her social security coverage hereunder, retirement benefits shall be computed on average final compensation at the rate of 2 percent for each year of service rendered prior to such effective date and as provided in s. 122.08. For the period of membership in division B the member’s retirement compensation shall be computed on average final compensation at the rate of 1.5 percent for each year of service rendered after the effective date of said social security coverage.

(2) Members of division B retiring under the disability provisions of this chapter shall receive not less than 20 percent of their average final compensation.

(3) For those persons who become members of the retirement system on or after July 1, 1963, the amount of such retirement compensation shall not exceed that amount which when added to the member’s estimated annual primary insurance amount under social security coverage equals 80 percent of his or her average final compensation. The estimated annual primary insurance amount of the member shall be determined by the administrator on the basis of the social security coverage in effect on the member’s retirement date, assuming that payment of such primary insurance amount shall commence at the later of the member’s 65th birthday or actual age of retirement, and that the member earned his or her average final compensation in each year between the date of retirement and his or her 65th birthday for those members retiring prior to age 65.

History.—s. 2, ch. 57-382; s. 5, ch. 63-555; s. 793, ch. 95-147; s. 24, ch. 2014-17.

F.S. 122.28 on Google Scholar

F.S. 122.28 on Casetext

Amendments to 122.28

Arrestable Offenses / Crimes under Fla. Stat. 122.28

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 122.28.

Annotations, Discussions, Cases:

Cases Citing Statute 122.28

Total Results: 5

Progressive Specialty Insurance Company v. Florida Hospital Ocala, Inc. D/B/A Adventhealth Ocala A/A/O Sandra Thomas

Court: District Court of Appeal of Florida | Date Filed: 2024-10-14

Snippet: Hospital $2,377.72, and paid another medical provider $122.28, for a total of $2,500.

Babe, Inc. v. Baby's Formula Service, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1964-06-16

Citation: 165 So. 2d 795, 6 A.L.R. 3d 320

Snippet: on its counter-claim, leaving a balance of $19,122.28 in favor of the plaintiff. Plaintiff entered into

Smith v. Ervin

Court: Supreme Court of Florida | Date Filed: 1953-03-17

Citation: 64 So. 2d 166, 1953 Fla. LEXIS 1173

Snippet: 457, 20 L.Ed. 287; Id., 110 U.S. 421, 4 S.Ct. 122, 28 L.Ed. 204. Even a public officer has no authority

Williams v. City of Lake City

Court: Supreme Court of Florida | Date Filed: 1953-01-16

Citation: 62 So. 2d 732, 1953 Fla. LEXIS 2086

Snippet: elsewhere. Pack, W. & Co. v. Greenbush Twp., 62 Mich. 122, 28 N.W. 746; Jones v. [Town of] Statesville, 97 N

Estate of Briley v. Briley

Court: Supreme Court of Florida | Date Filed: 1945-04-06

Citation: 21 So. 2d 595, 155 Fla. 798, 1945 Fla. LEXIS 657

Snippet: Legal Tender Cases, 110 U.S. 421, 4 Sup. Ct. 122, 28 L.Ed. 204; Perry v. United States, 294 U.S. 330