60S-1.005. Special Risk Class; Legislative Intent and Procedures

(1) Legislative Intent. – The intent and purpose of the Legislature in establishing the Special Risk Class is provided in Section 121.0515(1), F.S.

(2) Eligibility – Any member who is employed as a law enforcement officer, a firefighter, a correctional officer, a community based probation officer with the Department of Corrections, a youth custody officer with the Department of Juvenile Justice, an emergency medical technician or paramedic, a fixed-wing aircraft pilot conducting aerial firefighting surveillance employed by the Division of Forestry of the Department of Agriculture and Consumer Services, a professional health care worker in a correctional or forensic facility or institution and employed by the Department of Corrections or the Department of Children and Family Services; a forensic worker employed by the Department of Law Enforcement in the crime laboratory or employed by the Division of the State Fire Marshal in the forensic laboratory, or a forensic worker employed by a local government law enforcement agency or medical examiner’s office who meet the criteria as set forth in Rule 60S-1.0051, 60S-1.0052, 60S-1.0053, 60S-1.00535, 60S-1.00537 or 60S-1.00539, F.A.C., shall be eligible for approval for Special Risk Class membership as provided in this section.

(3) Application. – The following procedures shall govern applications for Special Risk Class membership:

(a) Application procedures for officers and employees of state agencies.

1. Applying the requirements for Special Risk Class membership in subsection (2), the Department of Management Services shall specify those classes of positions established by the Division of Human Resource Management which shall be included in the Special Risk Class. The incumbents of such positions shall be entitled to Special Risk Class membership. If a class is not specified by the Department of Management Services, the employing agency may petition the State Retirement Commission for inclusion of a particular class among those specified as provided in Section 121.0515(3)(b), F.S.

2. Each state agency utilizing positions specified in subparagraph 1. shall submit the appropriate position class code on the Monthly Retirement Report, for each officer and employee who fills a position so specified.

3. The effective date of Special Risk Class membership for newly employed officers and employees who have been verified by the employing state agency and who are certified or required to be certified by the appropriate council or commission shall be the date of employment in a position specified as Special Risk Class as provided in subparagraph 1. Special Risk Class contributions shall begin at that time.

a. If a Regular Class member becomes employed in a Special Risk Class position or a position is reclassified as a Special Risk Class position, the effective date of Special Risk Class membership shall be the first day of the month in which the employee assumes the Special Risk Class position or the position is reclassified. Special Risk Class contributions shall be payable effective with the first salary paid on or after the first day of the month of Special Risk Class coverage.

b. If a Special Risk Class member changes to another position classified as Special Risk Class within the same set of criteria (e.g., a corrections officer I changing to a corrections officer II position), the employer shall submit the appropriate position class code for the new position on the Monthly Retirement Report.

c. If a Special Risk Class member changes to a Special Risk Class position under a different set of criteria (e.g., a transfer from law enforcement to a firefighter or correctional position), his or her employer shall submit the appropriate position class code for the new position on the Monthly Retirement Report.

(b) Application procedures for officers and employees of county agencies, district school boards, community colleges, and participating cities, independent special districts, metropolitan planning organizations, public charter schools or charter technical career centers, and those classified by the Judicial Administrative Classification Plan and the Department of Lottery.

1. Any Regular Class member who feels that he or she meets the requirements for Special Risk Class membership set forth in subsection (2) may request that his or her employer submit an application to the Division requesting that the Division designate him or her as a Special Risk Class member. Such member shall complete the employee portions of the appropriate Special Risk Class application. The employer shall promptly certify and submit to the Division the following documents:

a. The appropriate Florida Retirement System Application for Special Risk Class Membership.

(I) Florida Retirement System Application for Special Risk Class Membership for Law Enforcement/Correctional Officers, Form FRS-400 (Rev.04/00) http://www.flrules.org/Gateway/reference.asp?No=Ref-00324, herein adopted by reference, which may be obtained from the Forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at [phone], if calling outside the Tallahassee calling area or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or [phone]; or

(II) Florida Retirement System Application for Special Risk Class Membership Firefighters/Paramedics/EMTs, Form FRS-405 (Rev.10/03) http://www.flrules.org/Gateway/reference.asp?No=Ref-00325, herein adopted by reference, which may be obtained from the Forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at [phone], if calling outside the Tallahassee calling area or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or [phone]; or

(III) Florida Retirement System Application for Special Risk Class Membership for Forensic Discipline from October 1, 2005 through June 30, 2008, Form FRS-410 (Rev. 05/08) http://www.flrules.org/Gateway/reference.asp?No=Ref-00326, herein adopted by reference, which may be obtained by calling the Division Toll Free at [phone], if calling outside the Tallahassee calling area or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or [phone]; or

(IV) Florida Retirement System Application for Special Risk Class Membership for Forensic Discipline effective July 1, 2008, Form FRS-415 (05/08) http://www.flrules.org/Gateway/reference.asp?No=Ref-00327, herein adopted by reference, which may be obtained from the Forms page of the Division’s website, www.frs.MyFlorida.com, or by calling the Division Toll Free at [phone], if calling outside the Tallahassee calling area or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or [phone].

b. A current job description of the member’s duties showing the percentage of time spent performing each duty.

c. A copy of a personnel action form showing the effective date of membership in that position.

d. Organization chart including the applicant’s position for any members applying under supervisory criteria.

2. If the employer refuses to submit the member’s application to the Division, the employer shall notify the member of the refusal, together with the employer’s reasons for refusal. The member may then appeal this refusal to the State Retirement Commission pursuant to Section 121.0515(4)(a), F.S.

3. Upon receipt of the completed application, which shall include all of the items designated in subparagraph 1. above, the Division shall within 90 days determine if the member and the member’s position meets the requirements for Special Risk Class membership set forth in subsection (2). If the requirements for Special Risk Class membership are met, the Division shall approve the member for Special Risk Class membership which shall commence as follows:

a. When a newly employed member’s complete application is received by the Division of Retirement, the effective date of membership in the Special Risk Class shall be the date of employment in the approved position and Special Risk Class contributions shall be payable from that time.

b. If a Regular Class member changes to a Special Risk Class position within the employing agency and, upon submitting the complete Special Risk Class application, he or she is approved for Special Risk Class membership, the member shall have Special Risk Class coverage effective the first day of the month in which the employee assumes the Special Risk Class position. Special Risk Class contributions shall be payable effective with the first salary paid on or after the first day of the month of Special Risk Class coverage.

c. If a Special Risk Class member changes to another position within the same agency that is not an approved Special Risk Class position, or is employed with a new agency, the member must submit a complete application as provided in sub-subparagraph (3)(b)1.a. to the Division of Retirement.

d. If a Special Risk Class member changes to an approved Special Risk Class position, the employer shall submit the appropriate position class code for the new position on the Monthly Retirement Report.

e. If a Special Risk Class member changes to a Special Risk Class position under a different set of membership criteria (e.g., a transfer from law enforcement to a firefighter or correctional officer position), the member must submit a complete application for Special Risk Class membership, except that the employer of such officer who changes to an approved Special Risk Class position must submit only the appropriate position class code for the new position on the Monthly Retirement Report for such member.

4. Within 90 days of receipt of the application, the Division shall determine whether or not the member and the member’s position meet the requirements for Special Risk Class membership. If it is determined that the member or the member’s position does not meet the requirements, the Division shall notify the member by certified mail, with a copy to his or her employer, of the Administrator’s intended decision to disapprove the member’s application for Special Risk Class membership. This notice shall include a summary of the factual, legal and policy grounds for the intended decision.

a. When a member receives notice that the Administrator intends to deny his or her application for Special Risk Class membership, the member shall have 21 calendar days to present written evidence or objections challenging the grounds upon which the Administrator has based his or her intended decision.

b. If the Administrator overrules the objections of the member, the Administrator shall within 21 calendar days provide a written final decision on the merits to the member by certified mail with a copy to the member’s employer, giving the reasons for his or her final decision.

c. If the member does not accept the Administrator’s final decision on the merits, the member may request in writing, pursuant to Section 121.23, F.S., Chapter 60R-1, F.A.C., and the Uniform Rules in Rule Chapter 28-106, F.A.C., a hearing on the denial of his or her application for Special Risk Class membership before the State Retirement Commission pursuant to Sections 120.569 and 120.57(1), F.S. Such request shall be filed with the Commission within 21 calendar days from the date the member receives notice of the Administrator’s final decision.

d. The decisions of the State Retirement Commission on matters brought before it under this paragraph shall be final agency action.

e. The decisions of the State Retirement Commission shall be reviewable by the District Court of Appeal pursuant to Section 121.23, F.S.

5. A member who receives a final affirmative ruling on his or her appeal for Special Risk Class membership shall have Special Risk Class membership retroactive to the date such member would have had Special Risk Class membership had such membership been approved by the employer and the Division, as determined by the Division; and the employer contributions shall be paid in full within one year of such final ruling.

(4) Review of Special Risk Class Designations. – The Division shall from time to time review the Special Risk Class designation of members and determine whether or not those members meet the criteria for Special Risk Class membership. Upon request by the Division, recertification of a specified member or members shall be submitted by the employer. If the Administrator determines that a member or members do not meet the criteria, the notification and appeal procedure set forth in subparagraph 60S-1.005(3)(b)4., F.A.C., shall be followed. The effective date of such discontinuance shall be the first day of the month following the date of the Administrator’s final decision of discontinuance. Contributions shall be due at the Regular Class membership rate effective with the first salary paid on or after the day the member becomes a Regular Class member.

(5) Transfer to a Regular Class Position. – A Special Risk Class member who transfers to a position that does not qualify him or her for Special Risk Class membership shall have his or her designation of Special Risk Class membership discontinued and shall become a Regular Class member on the first day of the month following the date of such transfer. Contributions are payable at the Regular Class membership rate effective with the first salary paid on or after the day the member becomes a Regular Class member. The employer of such a member shall report the member’s change to membership in the Regular Class on the Monthly Retirement Report.

(6) Retroactive Special Risk Class Coverage. – A Special Risk Class member who was removed from the Special Risk Class effective October, 1978 solely because he or she did not possess the certification required in Rule 60S-1.0051, 60S-1.0052, or 60S-1.0053, F.A.C., may receive Special Risk Class credit for this period during which he or she was removed, provided:

(a) Certification was obtained and membership in the Special Risk Class was approved on or before June 30, 1982; and

(b) The employer verifies that all requirements for Special Risk Class membership were met during the period of removal except the requirement for certification or temporary waiver of certification; and

(c) The member or employer pays the contributions required in Rule 60S-3.015, F.A.C.

Rulemaking Authority 121.031, 121.0515, 121.4501(8)(a) FS. Law Implemented 121.021(15), 121.051, 121.0515, 121.23 FS. History–New 1-1-72, Amended 10-20-72, 12-31-74, 8-9-76, 1-16-77, 10-2-78, 1-19-82, 9-9-82, 11-6-84, 4-17-85, Formerly 22B-1.05, Amended 2-7-89, 11-14-91, Formerly 22B-1.005, Amended 1-25-94, 9-17-03, 4-5-12.