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. 122.16

122.16 Employment after retirement.—

(1) Any person who is retired under this chapter, except under the disability retirement provisions of ss. 122.09 and 122.34, may be employed by an employer that does not participate in a state-administered retirement system and may receive compensation from such employment without limiting or restricting in any way the retirement benefits payable to such person.

(2)(a) Any person retired under this chapter, except under the disability retirement provisions of ss. 122.09 and 122.34, may be reemployed by any private or public employer after retirement and receive retirement benefits and compensation from his or her employer without limitation, except that no person may receive both a salary from reemployment with any agency participating in the Florida Retirement System and retirement benefits under this chapter for a period of 12 months immediately subsequent to the date of retirement.

(b) Any person to whom the limitation in paragraph (a) applies who violates such reemployment limitation and is reemployed with any agency participating in the Florida Retirement System prior to completion of the 12-month limitation period shall give timely notice of this fact in writing to his or her employer and to the department; and his or her retirement benefits shall be suspended for the balance of the 12-month limitation period. Any person employed in violation of this subsection and any employing agency which knowingly employs or appoints such person without notifying the department to suspend retirement benefits shall be jointly and severally liable for reimbursement to the retirement trust fund of any benefits paid during the reemployment limitation period. To avoid liability, such employing agency shall have a written statement from the retiree that he or she is not retired from a state-administered retirement system. Any retirement benefits received by such person while he or she is reemployed during this reemployment limitation period shall be repaid to the retirement trust fund, and his or her retirement benefits shall remain suspended until such repayment has been made. Any benefits suspended beyond the reemployment limitation period shall apply toward the repayment of benefits received in violation of the reemployment limitation.

(c) The employment by an employer of any retiree of a state-administered retirement system shall have no effect on the average final compensation or years of creditable service of such retiree. Prior to July 1, 1991, upon employment of any person, other than an elected officer as provided in s. 121.053, who has been retired under a state-administered retirement program, the employer shall pay retirement contributions in an amount equal to the unfunded actuarial accrued liability portion of the employer contribution which would be required for a regular member of the Florida Retirement System. Effective July 1, 1991, contributions shall be made as provided in s. 121.122 for renewed membership.

(d) The limitations of this subsection apply to reemployment in any capacity with an employer as defined in s. 121.021(10), irrespective of the category of funds from which the person is compensated.

History.—s. 17, ch. 29801, 1955; s. 6, ch. 57-364; s. 1, ch. 57-803; s. 1, ch. 57-1982; s. 2, ch. 61-119; s. 8, ch. 65-484; ss. 31, 35, ch. 69-106; s. 1, ch. 72-335; s. 3, ch. 72-345; s. 3, ch. 80-126; s. 7, ch. 81-307; s. 21, ch. 84-266; s. 20, ch. 90-274; s. 15, ch. 92-122; s. 790, ch. 95-147; s. 64, ch. 99-255.

F.S. 122.16 on Google Scholar

F.S. 122.16 on Casetext

Amendments to 122.16

Arrestable Offenses / Crimes under Fla. Stat. 122.16

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 122.16.

Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE HALATEK, v. D., 592 B.R. 86 (Bankr. E.D. N.C. 2018)

. . . In December 2011, the Plaintiff made the first payment due on Loan 9 in the amount of $122.16, but in . . .

In T. NATALE, PERNICIARO, v. NATALE,, 136 B.R. 344 (Bankr. E.D.N.Y. 1992)

. . . personal and financial lifestyle of the Debtor and proposes monthly payments of $387.00 to himself and $122.16 . . .

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

. . . . § 122.16 (1978). . . . there must be sufficient capital in the business to enable it to operate on a sound basis. 13 C.F.R. § 122.16 . . .

SHAW, v. STATE OF NEBRASKA, DEPARTMENT OF CORRECTIONAL SERVICES, S., 666 F. Supp. 1330 (D. Neb. 1987)

. . . Meanwhile, Shaw is awarded $122.16 biweekly as front pay. . . . plaintiff’s § 1983 claim as follows: 1. back pay in the amount of $7,494.57, 2. front pay in the amount of $122.16 . . .

In Of T. BOHART, MUTUAL LIFE INSURANCE COMPANY OF NEW YORK, v. T. BOHART,, 743 F.2d 313 (5th Cir. 1984)

. . . costs and counsel fees than in a denial of interpleader altogether." 3A Moore’s Federal Practice ¶ 122.16 . . .

UNITED STATES v. KIMBELL FOODS, INC., 440 U.S. 715 (U.S. 1979)

. . . Reg. 3702 (1978); 13 CFR §§ 122.15, 122.16 (1978); SBA Manual ¶¶10, 11, 16-40; 7 CFR §§ 1801.2-1801.4 . . . S., at 344-346; 13 CFR §§ 101.2-1, 101.7 (a), 122.16 (1978); SBA Manual ¶¶ 16-17, 21 (c), 23 (a)-(f), . . .

BOSTON OLD COLONY INSURANCE COMPANY, v. BALBIN, 591 F.2d 1040 (5th Cir. 1979)

. . . Moore, Moore’s Federal Practice 122.16[1] (1978). . . .

E. MARTIN, v. H. WILLIAMS, L. Jr., 364 So. 2d 549 (Fla. Dist. Ct. App. 1978)

. . . At the time of appellant’s retirement in 1965 and at the time of her reemployment in 1968 F.S. 122.16 . . . (l)(a) and F.S. 122.-16(l)(b) provided (in material part) as follows: “122.16 Employment after retirement . . . While it is true that F.S. 122.16(l)(b) provides that the reemployment of any person accepting and receiving . . .

DAVID FAUST, 7 F. Cas. 18 (S.D.N.Y. 1867)

. . . from the vessel on the 2d of May, 1867; that he performed his duty; and that a balance of wages of $122.16 . . .