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James G. Yaeger Lee County Attorney

QUESTION: 1. If a county commissioner opt-out of the Florida Retirement System pursuant to s. 121.051, F.S. (1990 Supp.), may the public funds which were allocated to fund the commissioner's retirement plan be used to fund a private retirement plan of the commissioner's choice? 2. If Question One is answered in the affirmative, would early vesting of benefits under a private retirement plan violate ss. 145.011, 145.012, 145.031, 145.16, and145.17, F.S., which prohibit undue compensation.

SUMMARY: 1. In the event that a county commissioner chooses not to…