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

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F.S. 122.10

122.10 Separation from service; refund of contributions.—

(1) Should any officer or employee leave the service of the state before accumulating aggregate time of 10 years toward retirement, such officer or employee shall be entitled to a refund of 100 percent of his or her contributions made to the retirement trust fund without interest, provided however that any such officer or employee may leave such contributions in said retirement trust fund for a period not exceeding 5 years pending reemployment, and upon reemployment by the state or county within those 5 years receive credit for such prior service. Any such officer or employee who fails to be reemployed by the state or a county of the state within those 5 years shall be refunded 100 percent of his or her contributions to the retirement trust fund, without interest, and all prior service credit shall be forfeited should he or she be reemployed at a later date. Should any officer or employee who has 10 or more years service within the contemplation of this law leave the service of the state and county, such officer or employee may leave said contributions in the retirement trust fund and receive the same retirement benefits as provided for current employees in s. 122.08, provided however that such officer or employee shall have made contributions as required by this law, or such officer or employee may elect to accept a refund of 100 percent of his or her contributions to the fund, without interest. Any officer or employee who accepts such refund shall be forever barred from receiving prior service credit under the provisions of this law. No officer or employee who has received benefits under this law shall be entitled to a refund.

(2) Any former members of the state or county retirement systems established by former chapters 121 and 134, that terminated their service after 10 or more years of service and received a refund of 50 percent of their retirement contributions may, upon written request to the division, receive a refund of any balance credited to their account provided they are not members of the state and county retirement system under this chapter.

(3) Any person who hereafter elects to receive retirement benefits under s. 112.05, shall not be entitled to the retirement benefit of this chapter, except for the refund of his or her contributions to the retirement trust fund as provided in this section; likewise any person who elects to receive retirement benefits under this chapter shall thereby become ineligible to receive retirement benefits under s. 112.05.

(4) Should any officer or employee elect to receive a refund as provided in this section, his or her application for refund shall be submitted in the manner prescribed by the regulations adopted by the department and shall accompany the payroll certification, submitted to the department, on which he or she was last paid prior to termination. The department shall pay the entire refund due within 45 days after the first day of the month subsequent to receipt of such application for refund and said payroll certification.

(5) Notwithstanding any other provision in this chapter to the contrary, any officer or employee who has accumulated an aggregate of 25 or more years of service and terminates his or her employment and elects to receive a refund of his or her contributions made to the retirement trust fund in accordance with this section may, at any time prior to July 1, 1970, pay to the division an amount equal to the sum of: the amount of his or her contributions previously refunded and interest at 3 percent compounded annually on the amount of his or her refunded contributions from the date of refund to the date of payment to the division. Upon the payment of such amount, the former member of the retirement system shall be reinstated and shall receive the monthly retirement benefit to which he or she is entitled under this section, such benefit to commence on the latter of the first day of the month following the payment by the reinstated member of the aforestated amount to the division or the date he or she otherwise would have been entitled to such benefits. The division, at its discretion, may require that such retirement benefits be paid under one of the optional forms of payment (described in s. 122.08) as chosen by the division.

History.—s. 11, ch. 29801, 1955; s. 2, ch. 59-461; s. 2, ch. 61-119; s. 7, ch. 63-555; s. 1, ch. 67-285; ss. 31, 35, ch. 69-106; s. 1, ch. 69-133; s. 788, ch. 95-147; s. 60, ch. 99-255.

F.S. 122.10 on Google Scholar

F.S. 122.10 on Casetext

Amendments to 122.10

Arrestable Offenses / Crimes under Fla. Stat. 122.10

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 122.10.

Annotations, Discussions, Cases:

Cases from cite.case.law:

CENTER FOR ENVIRONMENTAL LAW AND POLICY v. UNITED STATES FISH AND WILDLIFE SERVICE M., 228 F. Supp. 3d 1152 (E.D. Wash. 2017)

. . . permit if: (i) the permittee has submitted a timely and sufficient application for a new permit under § 122.10 . . .

ENVIRONMENT TEXAS CITIZEN LOBBY, INCORPORATED v. EXXONMOBIL CORPORATION, 824 F.3d 507 (5th Cir. 2016)

. . . Code § 122.10(6); (2) Federal regulations confirm that “[a] deviation is not always a violation,” 40 . . . Code § 122.10(6). . . . .

ENVIRONMENT TEXAS CITIZEN LOBBY, INC. v. EXXONMOBIL CORPORATION,, 66 F. Supp. 3d 875 (S.D. Tex. 2014)

. . . Code § 122.10(6) (emphasis added). “A deviation is not always a violation.... . . . Code §§ 122.10(6), 122.145(2); Trial Transcript at 2-217:4 to 2-218:19. . . . .

THOMAS, v. A. E. CALERO, M. C. O. C. O. R., 824 F. Supp. 2d 488 (S.D.N.Y. 2011)

. . . Calero found plaintiff guilty of possession of contraband marijuana (Rule 113.23), smoking indoors (Rule 122.10 . . .

SERVICE OIL, INC. v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY,, 590 F.3d 545 (8th Cir. 2009)

. . . 13,531, § 125.12(c) (May 22, 1973) (EPA-issued permit requirements); 44 Fed.Reg. 32,854, 32,-903, § 122.10 . . .

PUBLIC CITIZEN, INC. v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY E. T., 343 F.3d 449 (5th Cir. 2003)

. . . Code § 122.10(2)); and amended its rules to require new permit applicants to list minor NSR permits in . . .

CAPACCHIONE, a P. v. CHARLOTTE- MECKLENBURG SCHOOLS, E. v. Of, 80 F. Supp. 2d 557 (W.D.N.C. 1999)

. . . Pollard will be compensated is 122.10 hours. At $300.00 per hour, the fee award relating to Mr. . . .

HERITAGE BANK TRUST COMPANY, v. ABDNOR, F. F. P. C., 906 F.2d 292 (7th Cir. 1990)

. . . In addition, 13 C.F.R. section 122.10(b)(l)(iii) provides: SBA shall be released from any obligation . . . had “substantially complied” with the conditions of the Agreement, as required by 13 C.F.R. section 122.10 . . . since it “substantially complied” with the regulations and the terms of the Agreement. 13 C.F.R. § 122.10 . . . If the breach was material, the SBA’s refusal to perform was sanctioned both by section 122.10(b)(l)( . . .

FIRST INTERSTATE BANK OF IDAHO, v. SMALL BUSINESS ADMINISTRATION C., 868 F.2d 340 (9th Cir. 1989)

. . . . § 122.10(b)(l)(iii) (1979). . . . Pursuant to Restatement § 237 and the SBA regulations, 13 C.F.R. § 122.10(b)(l)(iii), a material failure . . . authorization agreement brought the 1981 authorization agreement specifically under the coverage of 13 C.F.R. § 122.10 . . .

UNITED STATES v. HILL, Jr. M. E. a k a Sr. I E, 676 F. Supp. 1158 (N.D. Fla. 1987)

. . . . § 122.10(a)(6) (1978); 7 C.F.R. § 1980.11 (1978). . . .

E. MARTIN, v. M. HECKLER,, 754 F.2d 1262 (5th Cir. 1985)

. . . For work in the district court, Martin claims 122.10 attorney hours at $75 per hour and 1.75 hours of . . .

FIRST NATIONAL BANK OF LOUISA, KENTUCKY v. UNITED STATES, 6 Cl. Ct. 241 (Cl. Ct. 1984)

. . . The Rules and Regulations of the SBA relating to such guaranteed loans provide specifically that: § 122.10 . . .

KANE v. MARTIN PAINT STORES, INC., 439 F. Supp. 1054 (S.D.N.Y. 1977)

. . . Cohen 122.10 100. $12,210.00 Herbert E. Milstein 2.50 100. 250.00 Michael D. . . .

CALIFORNIA PACIFIC BANK, a v. SMALL BUSINESS ADMINISTRATION,, 557 F.2d 218 (9th Cir. 1977)

. . . . § 122.10 (1977). The SBA guaranteed 90% of these four loans. This figure was not accidental. . . . preliminary document which sets forth the ground rules for all subsequent individual loans. 13 C.F.R. § 122.10 . . .

NATICK PAPERBOARD CORP. Co. v. W. WEINBERGER, M., 498 F.2d 125 (1st Cir. 1974)

. . . . § 122.10(a)(9). Appellants are manufacturers of paper food-packaging materials. . . . The regulation provides in pertinent part: “§ 122.10 Temporary tolerances for poly-chlorinated biphenyls . . .

In MITCHELL d b a s a v. SHEPHERD MALL STATE BANK, 458 F.2d 700 (10th Cir. 1972)

. . . . § 636(a)) and its implementing regulations (13 C.F.R. 122.10). . . .

E. v., 3 T.C. 189 (T.C. 1944)

. . . bore to $16,311, being the total net income of the trust, or a net taxable income from the trust of $122.10 . . .

CHARLES M. DENNISON v. THE UNITED STATES, 25 Ct. Cl. 304 (Ct. Cl. 1890)

. . . . $122.10 Subitem 28 — Acc’t ’82, item 28. Entering and indexing reports of U. . . .