The 2023 Florida Statutes (including Special Session C)

Title XVI
TEACHERS' RETIREMENT SYSTEM; HIGHER EDUCATIONAL FACILITIES BONDS

Chapter 238
TEACHERS' RETIREMENT SYSTEM

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F.S. 238.13

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.

F.S. 238.13 on Google Scholar

F.S. 238.13 on Casetext

Amendments to 238.13

Arrestable Offenses / Crimes under Fla. Stat. 238.13

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 238.13.

Annotations, Discussions, Cases:

Cases from cite.case.law:

DOE, v. KIDD v. v. v. v. v. v. v. v. v., 656 F. App'x 643 (4th Cir. 2016)

. . . for 1,327.8 hours; Derfner’s hourly rate was $450 at 148.8 hours; and Law’s hourly rate was $85 at 238.13 . . . receive a rate of $140 (the same rate this district court determined to be reasonable in Krawcheck) for 238.13 . . .

E. MARVEL, v. DIVISION OF RETIREMENT OF DEPARTMENT OF ADMINISTRATION, 406 So. 2d 501 (Fla. Dist. Ct. App. 1981)

. . . In 1961, the Florida Legislature enacted what is now codified as § 238.13(2), which provides that employees . . . or social security program or act administered by the state “except those members covered under s. 238.13 . . . participation in TRS by those cooperative extension personnel participating in that system by virtue of § 238.13 . . . In our view, § 238.13(2) merely allows employees hired before 1961 to maintain their memberships in TRS . . . That statute allows only those employees who were allowed pursuant to § 238.13(2) to continue to participate . . .