Fla. Admin. Code R. 60S-2.016 – Credit for Periods of Suspension Without Pay or Rescinded Dismissal

(1) A member who has been or is suspended without compensation and is later reinstated and who is not retired, may receive retirement credit for the period of suspension without compensation provided:
1. (a) The creditable service claimed for the period of suspension does not exceed 2 years;
2. (b) The member returns to active employment and remains on the employer’s payroll for at least one calendar month; and
3. (c) The member pays the total required contributions in accordance with subsection 60S-3.014(1), F.A.C. A period of suspension without compensation will not be considered a break in service if the member elects to purchase credit for the entire period of suspension.
(2) A member who has been or is dismissed from employment shall be considered terminated from active membership. However, if the member has not retired and such dismissal is subsequently rescinded or changed, the following shall apply:
1. (a) If such dismissal is rescinded by proper authority or through legal proceedings, the member is eligible to receive retirement service credit for such period of dismissal provided:
  1. The dismissal action taken against the member is determined to be incorrect and is negated;
  2. The employee is made whole, that is, receives full salary and benefits to cover the period of the dismissal or any portion thereof;
  3. Employment is reinstated; and
  4. The employer pays the total required employer contributions, and the employee pays any employee contributions required in accordance with subsection 60S-3.014(2), F.A.C.
2. (b) If the dismissal action is subsequently changed to a suspension by proper authority or through legal proceedings, the member is eligible to receive retirement service credit, provided the member’s employment is reinstated, restoring the employee-employer relationship, and the member pays the total required employer and employee contributions in accordance with subsection 60S-3.014(3), F.A.C., and complies with all requirements in subsection (1).

Rulemaking Authority 121.031 FS. Law Implemented 121.011(3)(e), (g) FS. History–New 1-16-77, Formerly 22B-2.16, 22B-2.016, Amended 2-24-99, 4-5-12, 3-25-13.