Fla. Stat. 185.38
Transfer to another state retirement system; benefits payable


(1)

Any police officer who has a vested right to benefits under a pension plan created pursuant to the provisions of this chapter and who elects to participate in another state retirement system may not receive a benefit under the provisions of the latter retirement system for any year’s service for which benefits are paid under the provisions of the pension plan created pursuant to this chapter.

(2)

When every active participant in any pension plan created pursuant to this chapter elects to transfer to another state retirement system, the pension plan created pursuant to this chapter shall be terminated and the assets distributed in accordance with s. 185.37. If some participants in a pension plan created pursuant to this chapter elect to transfer to another state retirement system and other participants elect to remain in the existing plan created pursuant to this chapter, the plan created pursuant to this chapter shall continue to receive state premium tax moneys until fully funded. If the plan is fully funded at a particular valuation date and not fully funded at a later valuation date, the plan shall resume receipt of state premium tax moneys until the plan is once again determined to be fully funded. “Fully funded” means that the present value of all benefits, accrued and projected, is less than the available assets and the present value of future member contributions and future plan sponsor contributions on an actuarial entry age cost funding basis. Effective May 31, 1998, for plans discussed herein, the plan shall remain in effect until the final benefit payment has been made to the last participant or beneficiary and shall then be terminated in accordance with s. 185.37.

Source: Section 185.38 — Transfer to another state retirement system; benefits payable, https://www.­flsenate.­gov/Laws/Statutes/2024/0185.­38 (accessed Aug. 7, 2025).

185.01
Legislative declaration
185.02
Definitions
185.03
Municipal police officers’ retirement trust funds
185.04
Actuarial deficits not state obligations
185.05
Board of trustees
185.06
General powers and duties of board of trustees
185.07
Creation and maintenance of fund
185.08
State excise tax on casualty insurance premiums authorized
185.09
Report of premiums paid
185.10
Department of Revenue and Division of Retirement to keep accounts of deposits
185.11
Funds received by municipalities, deposit in retirement trust fund
185.12
Payment of excise tax credit on similar state excise or license tax
185.13
Failure of insurer to comply with chapter
185.015
Short title
185.16
Requirements for retirement
185.18
Disability retirement
185.19
Separation from municipal service
185.21
Death prior to retirement
185.23
Duties of Division of Retirement
185.25
Exemption from tax and execution
185.30
Depository for retirement fund
185.31
Municipalities and boards independent of other municipalities and boards and of each other
185.34
Disability in line of duty
185.35
Municipalities that have their own retirement plans for police officers
185.37
Termination of plan and distribution of fund
185.38
Transfer to another state retirement system
185.39
Applicability
185.50
Retiree health insurance subsidy
185.60
Optional participation
185.061
Use of annuity or insurance policies
185.085
Determination of local premium tax situs
185.105
Police and Firefighters’ Premium Tax Trust Fund
185.161
Optional forms of retirement income
185.162
Beneficiaries
185.185
False, misleading, or fraudulent statements made to obtain public retirement benefits prohibited
185.191
Lump-sum payment of small retirement income
185.221
Annual report to Division of Retirement
185.341
Discrimination in benefit formula prohibited

Current through Fall 2025

§ 185.38. Transfer to another state retirement system; benefits payable's source at flsenate​.gov