Section 112.361, Florida Statutes 2009
112.361 Additional and updated supplemental retirement benefits.--
(1) SHORT TITLE.--This section shall be known and cited as "The 1969 Florida Supplemental Retirement Act."
(2) DEFINITIONS.--As used in this section, unless a different meaning is required by the context:
(a) "Funds" means the special trust funds in the State Treasury created under each of the retirement laws covered by this section.
(b) "Retired member" means any person:
1. Who either:
a. Had both attained age 65 and retired for reasons other than disability prior to January 1, 1968; or
b. Had retired because of disability prior to January 1, 1968, and who, if he or she had been covered under the Social Security Act, would have been eligible for disability benefits under Title II of the Social Security Act; and
2. Who is receiving benefits under any of the following systems:
a. State and County Officers and Employees Retirement System created by authority of chapter 122;
b. Supreme Court Justices, District Courts of Appeal Judges and Circuit Judges Retirement System created by authority of former chapter 123;
c. Teachers' Retirement System of the state created by authority of chapter 238; or
d. Highway Patrol Pension Trust Fund created by authority of chapter 321.
In addition, "retired member" includes any state official or state employee who retired prior to January 1, 1958, and is receiving benefits by authority of s. 112.05.
(c) "Joint annuitant" means any person named by a retired member under the applicable system to receive any retirement benefits due and payable from the system after his or her death.
(d) "System" means any of the retirement systems specified in paragraph (b), including that pursuant to s. 112.05.
(e) "Social security benefit" means the monthly primary insurance amount, computed in accordance with the Social Security Act, from which is derived the monthly benefit amount which the retired member is receiving, entitled to receive, or would be entitled to receive upon application to the Social Security Administration, without taking into account any earned income which would cause a reduction in such amount. For purposes of this section:
1. The social security benefit of a retired member who is not insured under the Social Security Act shall be zero, and
2. The social security benefit of a deceased retired member who was insured under the Social Security Act shall be the primary insurance amount from which is derived the monthly benefit amount which the member was receiving or entitled to receive in the month immediately preceding his or her date of death.
(f) "Retirement benefit" means the monthly benefit which a retired member or joint annuitant is receiving from a system.
(g) "Department" means the Department of Management Services.
(3) PURPOSE OF SECTION.--The purpose of this section is to provide a supplement to the monthly retirement benefits being paid to, or with respect to, retired members under the retirement systems specified in paragraph (2)(b), such supplement to be approximately equal to the excess of the increase in social security benefits that the retired member would have received as a result of the 1967 amendments to the Social Security Act had he or she been covered for maximum benefits under the Social Security Act at age 65 or at date of retirement, whichever is later, over the amount of increase he or she has previously received or is entitled to receive as a result of the 1967 amendments to the Social Security Act by virtue of coverage under the Social Security Act.
(4) ELIGIBILITY FOR SUPPLEMENT.--Each retired member or, if applicable, a joint annuitant, except any person receiving survivor's benefits under the Teachers' Retirement System of the state in accordance with 1s. 238.07(18), shall be entitled to receive a supplement computed in accordance with subsection (5), upon:
(a) Furnishing to the department evidence from the Social Security Administration setting forth the retired member's social security benefit or certifying the noninsured status of the retired member under the Social Security Act, and
(b) Filing written application with the department for such supplement.
(5) SUPPLEMENT AMOUNT.--
(a) The supplement amount for any retired member who is receiving the full normal retirement benefit to which the member was entitled at time of retirement shall be equal to $18 minus 11.5 percent of the member's social security benefit.
(b) The supplement amount for any retired member or, if applicable, a joint annuitant, who is receiving a retirement benefit of lesser amount than the normal retirement benefit to which the retired member was entitled at time of retirement because of early retirement or election of an optional form of payment, shall be reduced to an amount equal to the product of subparagraphs 1. and 2. where:
1. Is the reduced retirement benefit such member or joint annuitant is receiving divided by the normal retirement benefit to which the retired member was entitled at retirement; and
2. Is the supplement amount computed in accordance with paragraph (a) of this subsection.
(c) The supplement amount calculated in accordance with this subsection shall be rounded to the nearest dollar.
(6) PAYMENT OF SUPPLEMENT.--Any supplement due and payable under this section shall be paid by the department or under the direction and control of the department, based on information furnished by the retired member, or a joint annuitant, and the administrator of the system under which retirement benefits are being paid, beginning on the first day of the month coincident with or next following the later of:
(a) July 1, 1969, or
(b) The date of approval of the application for supplement by the department,
and payable thereafter on the first day of each month in the normal or optional form in which retirement benefits under the applicable system are being paid. However, no retroactive monthly supplements shall be paid for any period prior to the date specified in this paragraph.
(a) There is hereby appropriated annually from the respective retirement trust fund from which the retired member is receiving his or her retirement benefit an amount necessary to provide the benefits hereunder and the amount necessary for the effective and efficient administration of this section.
(b) Amounts necessary to provide for benefits and expenses hereunder on behalf of retired members receiving benefits pursuant to s. 112.05 are hereby annually appropriated out of any moneys in the State Treasury not otherwise appropriated which amount out of the general revenue fund shall not exceed $50,000 annually.
(8) ADMINISTRATION OF SYSTEM.--The department shall make such rules as are necessary for the effective and efficient administration of this section, and the cost to pay the expenses of such administration is hereby appropriated out of the appropriate fund pursuant to subsection (7).
(9) BENEFITS EXEMPT FROM TAXES AND EXECUTION.--The benefits provided for any person under the provisions of this section are exempt from any state, county, or municipal tax and shall not be subject to assignment, execution, or attachment or to any legal process whatsoever.
(10) AMENDMENTS.--References in this section to state and federal laws are intended to include such laws as they now exist or may hereafter be amended.
History.--s. 1, ch. 69-126; ss. 31, 35, ch. 69-106; s. 36, ch. 71-377; s. 1, ch. 73-326; s. 46, ch. 92-279; s. 55, ch. 92-326; s. 710, ch. 95-147; s. 2, ch. 95-154; s. 45, ch. 99-2; s. 18, ch. 99-255.
1Note.--Substituted by the editors for a reference to s. 238.07(16) to conform to the editorial redesignation of s. 238.07(15A) and (15B) as s. 238.07(16) and (17), which necessitated the redesignation of subsections (16) and (17) as subsections (18) and (19).