H. GLENN BOGGS, APPELLANT,
v.
DEPARTMENT OF MANAGEMENT SERVICES, DIVISION OF RETIREMENT, APPELLEE
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H. Glenn Boggs appealed the Department of Management Services' denial of his petition for service credit in the Florida Retirement System for employment with The Florida Bar. The court affirmed the denial, holding that because The Florida Bar does not participate in or contribute to the Florida Retirement System, Boggs' employment there cannot constitute creditable service.
The court held that Boggs' employment with The Florida Bar does not constitute creditable service in the Florida Retirement System because The Florida Bar does not participate in or pay contributions to the system, and therefore Boggs is not entitled to retirement credit for that period of employment.
[1] Service credit under the Florida Retirement System is awarded for creditable service only if all required contributions have been paid and all other statutory requirement…
[2] Employment with an entity that does not participate in or make contributions to the Florida Retirement System for its employees does not constitute creditable service.
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Join FLexlaw to unlock all legal intelligence“Service credit under the Florida Retirement System is awarded to Florida Retirement System member employees for any month of creditable service as provided for in section 121.021(17)(a), Florida Statutes (2001), in pertinent part, as "the sum of all his or her past service, prior service, military service, out-of-state or non-FRS in-state service, workers' compensation credit, leave-of-absence credit and future service allowed within the provisions of this chapter if all required contributions have been paid and all other requirements of this chapter have been met."”
Establishes the statutory definition of creditable service requiring that all required contributions have been paid
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBoggs was employed by The Florida Bar from July 1, 1977 to June 4, 1981. The Florida Bar does not participate in or pay contributions to the Florida R…
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PER CURIAM.
Appellant appeals the denial of his petition for service credit in the Florida Retirement System. The Florida Retirement System, created by the Florida Legislature and codified in Chapter 121, Florida Statutes, provides retirement benefits for specified employees. Eligible employers participate in the Florida Retirement System by making contributions for the benefit of its employees at a rate established by law. Section 121.021(10) and Section 121.071, Florida Statutes (2001)
. Service credit under the Florida Retirement System is awarded to Florida Retirement System member employees for any month of creditable service as provided for in section 121.021(17)(a), Florida Statutes (2001), in pertinent part, as “the sum of all his or her past service, prior service, military service, out-of-state or non-FRS in-state service, workers’ compensation credit, leave-of-absence credit and future service allowed within the provisions of this chapter if all required contributions have been paid and all other requirements of this chapter have been met.”
From July 1, 1977 to June 4, 1981, Appellant was employed by The Florida Bar. Because it is undisputed that The Florida Bar does not participate in, or pay contributions to, the Florida Retirement System for the benefit of its employees, Appellant’s period of employment with The Florida Bar does not constitute creditable service in the Florida Retirement System pursuant to section 121.021(17)(a), Florida Statutes (2001). Therefore, Appellant is not entitled to retirement credit pursuant to section 121.021(17)(b), Florida Statutes (2001).
AFFIRMED.
BARFIELD, MINER and POLSTON, JJ., concur. . The statutes at issue have remained, in pertinent part, virtually unchanged since 1977 when Appellant began his employment at The Florida Bar:'