The 2023 Florida Statutes (including Special Session C)

Title X
PUBLIC OFFICERS, EMPLOYEES, AND RECORDS

Chapter 122
STATE AND COUNTY OFFICERS AND EMPLOYEES RETIREMENT SYSTEM

View Entire Chapter

F.S. 122.09

122.09 Disability retirement; medical examinations.—Whenever any officer or employee of the state or county of the state has service credit as such officer or employee for 10 years within the contemplation of this law, the last 5 years of which, except for a single break not to exceed 1 year, must be continuous, unbroken service and who is regularly contributing to the State and County Officers and Employees’ Retirement Trust Fund and shall while holding such office or employment become permanently and totally disabled, physically or mentally, or both, from rendering useful and efficient service as such officer or employee, such officer or employee may retire from his or her office or employment, and upon such retirement the officer or employee shall be paid, so long as the permanent and total disability continues, on his or her own monthly requisition, from the State and County Officers and Employees’ Retirement Trust Fund hereinafter established, retirement compensation as provided in s. 122.08; provided that no officer or employee retiring under this section shall receive less than 50 percent of his or her average final compensation not to exceed $75. No officer or employee of the state and county of the state shall be permitted to retire under the provisions of this section until examined by a duly qualified physician or surgeon or board of physicians and surgeons, to be selected by the Governor for that purpose, and found to be disabled in the degree and in the manner specified in this section. Any officer or employee retiring under this section shall be examined periodically by a duly qualified physician or surgeon or board of physicians and surgeons to be selected by the Governor for that purpose and paid from the retirement trust fund herein provided for, at such time as the Department of Management Services shall direct to determine if such total disability has continued and in the event it be disclosed by said examination that said total disability has ceased to exist, then such officer or employee shall forthwith cease to be paid benefits under this section. Reference to s. 122.08 is for the purpose of computing benefits only. Any person heretofore retired under this section shall be eligible to qualify for the minimum benefits provided herein; however, minimum benefits shall not be paid retroactively.

History.—s. 10, ch. 29801, 1955; s. 4, ch. 57-364; s. 2, ch. 61-119; ss. 2, 3, ch. 67-371; s. 1, ch. 69-121; s. 1, ch. 69-326; ss. 31, 35, ch. 69-106; s. 14, ch. 92-122; s. 64, ch. 92-279; s. 55, ch. 92-326; s. 787, ch. 95-147.

F.S. 122.09 on Google Scholar

F.S. 122.09 on Casetext

Amendments to 122.09

Arrestable Offenses / Crimes under Fla. Stat. 122.09

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 122.09.

Annotations, Discussions, Cases:

Cases from cite.case.law:

KLACZAK v. CONSOLIDATED MEDICAL TRANSPORT,, 458 F. Supp. 2d 622 (N.D. Ill. 2006)

. . . $195.00 $207.98 South Suburban ALS $258.75 $258.75 $258.75 $258.75 $258.75 Part B_BLS $ 96.14 $118.35 $122.09 . . . $195.00 $207.98 Holy Cross_ALS $157.50 $157.50 $168.75 $168.75 $155.00 Part B_BLS $ 96.14 $118.35 $122.09 . . . $220.95 Jackson Park ALS $157.50 $157.50 $157.50 $157.50 $180.75 $160.03 Part B_BLS $ 96.14 $118.35 $122.09 . . . Bernard_ALS $157.50 $157.50 $157.50 $157.50 $316.00 Part B_BLS $ 96.14 $118.35 $122.09 $128.70 $133.12 . . . $205.87 $195.00 $207.98 Trinity_ALS $157.50 $157.50 $157.50 $157.50 $157.50 Part B_BLS $ 96.14 $118.35 $122.09 . . .

A. HARTLEY, v. DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT,, 711 So. 2d 1380 (Fla. Dist. Ct. App. 1998)

. . . totally disabled, physically or mentally, or both, from rendering useful and efficient service-” § 122.09 . . .

JAMES, v. O BANNON, DPW M., 715 F.2d 794 (3d Cir. 1983)

. . . Disregard ($30 plus Vs of remainder) —174.46 Net Income Available for Current Use $258.91 Monthly Grant $122.09 . . . Deducting $258.91 from $381, would result in a monthly AFDC grant of $122.09, rather than the $112, claimed . . .

CALIFORNIA v. ARIZONA, 452 U.S. 431 (U.S. 1981)

. . . S 16025'25" E 122.09 feet; 546. S 55°46'43" E 36.79 feet; 547. S 27°26'13" E 295.40 feet; 548. . . .

Co. v., 46 B.T.A. 1 (B.T.A. 1942)

. . . The issue here is whether the petitioner’s disbursements of $58,-122.09 in 1936 and $69,667.27 in 1937 . . .

AMERICAN S. S. CO. v. WICKWIRE SPENCER STEEL CO. GUARANTY TRUST CO. OF NEW YORK v. WICKWIRE SPENCER STEEL CO., 42 F.2d 886 (W.D.N.Y. 1930)

. . . The surplus account decreased from December 31, 1925, to September 30, 1929, from $8,064,-122.09 to $5,282,299.83 . . .