(1) Any person who is at least 62 years of age and who has completed not less than 30 years of service as an officer or enlisted person in the Florida National Guard (exclusive of time served on the inactive or retired lists) on, before, or subsequent to the passage of this section is eligible upon application, whether on the active or retired list of the Florida National Guard, to be retired under the provisions of this section at the highest rank attained while serving in the Florida National Guard or the federal military forces, and shall receive pay in an amount equal to one-half of the base pay as is now or hereafter may be prescribed in the applicable pay tables for similar grades and periods of service of personnel in the United States Army or Air Force; provided that, in computing service in the Florida National Guard, service in federal military forces during a period of war or upon order of the President of the United States, in any military duty, where the applicant has been inducted from the Florida National Guard shall be included; and provided further that, in computing such service performed after July 1, 1955, only federally recognized service shall be included. Eligibility for retirement under this section is in addition to any other retirement that such person is eligible to receive; provided, however, that retirement pay under this section shall be reduced by any amount of retirement pay, pension, or compensation which such person is eligible to receive from the Federal Government for military service.
(2) Any person who is at least 60 years of age (but less than 62 years of age) and is otherwise qualified to receive the retirement pay provided in subsection (1) may elect to retire and thereafter receive a reduced benefit which would be the actuarial equivalent of the person’s benefit under subsection (1).
(3) Sufficient money to meet the requirements of this section is hereby appropriated out of any moneys in the State Treasury not otherwise appropriated, and payments under this section will be made to those eligible to receive the same on the first day of each calendar month from the General Revenue Fund by the Chief Financial Officer upon prescribed pay vouchers certified to by the Adjutant General of the state.
(4) In computing time of service of an officer or enlisted person in the Florida National Guard for purposes of retirement under this section, service in federal military forces during the period from August 27, 1940, to December 31, 1946, from June 29, 1950, to January 31, 1955, from August 5, 1964, to May 7, 1975, and from August 1, 1990, to September 1, 1991, all dates inclusive, when inducted into such federal service from the Florida National Guard, shall be included at double the time of actual service.
(5) Upon the death of any person receiving monthly benefits under this section, the monthly benefits shall be paid through the last day of the month of death and shall terminate on that date.
(6) All powers, duties, and functions related to the administration of this section are vested in the Department of Management Services.
History.—ss. 1, 2, ch. 20848, 1941; s. 1, ch. 23018, 1945; s. 1, ch. 25112, 1949; ss. 1, 2, ch. 29725, 1955; s. 3, ch. 77-124; s. 8, ch. 80-130; s. 1, ch. 88-112; s. 1, ch. 89-119; s. 3, ch. 91-139; s. 3, ch. 92-86; s. 101, ch. 92-279; s. 55, ch. 92-326; s. 38, ch. 94-249; s. 89, ch. 99-255; s. 265, ch. 2003-261.
Note.—Former ss. 250.76, 250.78.
Structure Florida Statutes
Title XVII - Military Affairs and Related Matters
Chapter 250 - Military Affairs
Part I - Military Code (Ss. 250.01-250.5206)
250.03 - Military law of the state.
250.04 - Naval militia; marine corps.
250.05 - Department of Military Affairs.
250.07 - Florida National Guard; composition; departmental organization.
250.08 - Florida National Guard organized.
250.09 - Appropriations, property, and equipment.
250.10 - Appointment and duties of the Adjutant General.
250.115 - Department of Military Affairs direct-support organization.
250.116 - Soldiers and Airmen Assistance Program.
250.12 - Appointment of commissioned and warrant officers.
250.16 - Authority to incur charge against state.
250.175 - Trust funds; authorization; name; purpose.
250.18 - Commissioned officers and warrant officers; clothing and uniform allowance.
250.19 - Expenses for travel on military business.
250.20 - Armory operations; allowances.
250.23 - Pay for state active duty.
250.24 - Pay and expenses; appropriation; procedures.
250.25 - Governor and Chief Financial Officer authorized to borrow money.
250.28 - Military support to civil authorities.
250.31 - Liability of members of the organized militia; defense of actions or proceedings.
250.32 - Commanding officer’s control of arms sales.
250.33 - Powers of commanding officer on state active duty.
250.34 - Injury or death on state active duty.
250.341 - Cancellation of health insurance.
250.351 - Courts-martial; jurisdiction.
250.36 - Mandates and process.
250.37 - Expenses of courts-martial.
250.375 - Medical officer authorization.
250.39 - Penalty for contempt.
250.40 - Armory Board; creation; membership, terms, and compensation; duties and responsibilities.
250.43 - Wearing of uniform and insignia of rank; penalty.
250.44 - Military equipment regulations; penalties.
250.45 - Military uniform discriminated against; penalty.
250.46 - Salaried employees not entitled to additional pay.
250.47 - Governor’s permission for unit to leave state.
250.481 - Reserve components; employment discrimination prohibited.
250.4815 - Professional license of servicemember not to expire while member on federal active duty.
250.483 - Active duty; licensure or qualification.
250.51 - Insult to troops; penalty.
250.52 - Unlawful to persuade citizens not to enlist; penalty.
250.5201 - Stay of proceedings where troops called out into state active duty or active duty.
250.5202 - Actions for rent or possession by landlord during state active duty.
250.5204 - Installment contracts for purchase of property; penalty.