238.13

Limitation on membership.

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238.13 Limitation on membership.—

(1) No other provision of law in any other statute which provides wholly or partly at the expense of the state for pensions or for retirement benefits for teachers of the said state, their surviving spouses, or other dependents, shall apply to members or beneficiaries of the retirement system established by this chapter, their surviving spouses or other dependents. No person who shall become a teacher, as defined herein, after July 1, 1939, shall be eligible to a pension under any statute heretofore enacted.

(2) No person who is fully covered by a compulsory civil service retirement plan shall be a member of the retirement system under this chapter; provided, however, that any person who is presently a member of the retirement system and is also fully covered by a compulsory civil service retirement plan may continue to be a member of the retirement system or at his or her option may withdraw from such retirement system and thereupon be entitled to receive all of his or her accumulation in the Annuity Savings Trust Fund together with the interest thereon.

History.—s. 13, ch. 19014, 1939; CGL 1940 Supp. 892(168); s. 7, ch. 61-458; s. 16, ch. 95-148.

Notes of Decisions

Cited in 1 case, 1981–1981 · leading case: Marvel v. Division of Retirement of the Department of Administration

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Marvel v. Division of Retirement of the Department of Administration (1981) fladistctapp · cites it 4× “The sole exception provided for continued participation in TRS by those cooperative extension personnel participating in that system by virtue of § 238.13. Allowing FRS credit for this service would defeat the specific prohibition against the use of time employed in the civil…”

— 238.13(2) — 1 case

Marvel v. Division of Retirement of the Department of Administration (1981) fladistctapp “The sole exception provided for continued participation in TRS by those cooperative extension personnel participating in that system by virtue of § 238.13. Allowing FRS credit for this service would defeat the specific prohibition against the use of time employed in the civil…”

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