60S-1.0054. Special Risk Administrative Support Class

(1) Intent – In creating the Special Risk Administrative Support Class within the Florida Retirement System, the Legislature recognizes that when Special Risk Class members are employed or reassigned for training, career development or to fill a critical agency need they often fail to meet the criteria for Special Risk Class membership. They are then placed in the Regular Class of membership, thereby losing the earlier retirement date and the higher accrual rate offered Special Risk Class members. While it is not the intent of the Legislature to continue to provide the higher accrual rate for such members upon employment or reassignment to non-Special Risk Class positions, it is intended that such members who qualify for Special Risk Administrative Support Class membership and satisfy the vesting requirements for the Special Risk Class shall be entitled to count such Special Risk Administrative Support Class service towards their Special Risk Class normal retirement date.

(2) Eligibility – On or after July 1, 1982, a member being reassigned or employed by an agency shall participate in the Special Risk Administrative Support Class if:

(a) The member is employed by an agency whose primary purpose is law enforcement, firefighting, corrections, or emergency medical care, or if the employer has multiple responsibilities, the member must be employed by a unit of the agency whose primary purpose is law enforcement, firefighting, corrections, or emergency medical care; and

(b) The member is employed or reassigned by his or her employer to a non-Special Risk Class position which provides training and/or career development opportunities to the member, or fulfills a critical agency need; and

(c) The member has participated in The Special Risk Class; and

(d) The member remains certified by the appropriate authority and completes an aggregate of the years of service as a designated special risk member before retirement which is equal to or greater than the years of service required to be vested; and

(e) The member is subject to reassignment at any time to a Special Risk Class position.

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

(a) The employer of a Special Risk Class member who is reassigned or employed in a position determined by the employer to be a Special Risk Administrative Support Class position shall submit to the Division of Retirement the following:

1. Florida Retirement System Application for Special Risk Administrative Support Class, Form FRS 404 (Rev. 11/02), http://www.flrules.org/Gateway/reference.asp?No=Ref-00408, herein incorporated 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]. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or [phone].

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

3. A copy of the appropriate certification or other evidence of certification as required by the Criminal Justice Standards and Training Commission in Section 943.1395, F.S., or the Firefighters Standards and Training Council in Section 633.35, F.S., or the Department of Health in Section 401.27, F.S.

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

(b) The Division of Retirement shall approve or disapprove all applications for Special Risk Administrative Support Class membership. If the requirements for Special Risk Administrative Support Class membership are met, the Division shall approve the member for membership as provided below:

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

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

3. If a Special Risk Administrative Support Class member changes to another position within the same agency or is employed by another agency that meets the criteria under these rules, the employer must submit the same documents as required in paragraph (3)(a) above to the Division of Retirement.

(4) Transfer to a Regular Class Position – A Special Risk Administrative Support Class member who transfers to a Regular Class position that does not qualify him or her for Special Risk Administrative Support Class membership shall have his or her designation of Special Risk Administrative Support 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 first day of the month the member becomes a Regular Class member. A state employer of such a member shall submit the appropriate position class code for the new position on the Monthly Retirement Report, which will indicate the member’s change to the Regular Class of membership. A local employer of such member shall only report the member’s change to membership in the Regular Class on the Monthly Retirement Report.

(5) Contribution – Contributions shall be paid in accordance with subsection 60S-3.003(3), F.A.C. Employers of members who fail to satisfy the vesting requirements for the Special Risk Class shall not be refunded contributions for Special Risk Administrative Support Class service.

(6) Retention of Special Risk Class Normal Retirement Date – A member who earns Special Risk Administrative Support Class credit and satisfies the vesting requirements for the Special Risk Class, as described in paragraph 60S-2.0041(2)(b), F.A.C., shall be able to include the Special Risk Administrative Support Class service towards the satisfaction of the Special Risk Class normal retirement date. If, at retirement, the member has failed to satisfy such vesting requirements, his or her Administrative Support Class service shall be calculated as Regular Class service in a dual normal retirement benefit.

(7) Retroactive Coverage – The provisions of this section shall apply retroactively for the period October 1, 1978, to on or before June 30, 1982, for eligible members as provided in paragraph 60S-2.0041(2)(d), F.A.C. In order to receive credit for retroactive service under this rule, the member must make application for his or her retroactive coverage and should consult paragraph 60S-2.0041(2)(d), F.A.C., of these rules for the procedure.

(8) Review of Special Risk Administrative Support Class Designations – The Division of Retirement shall from time to time review the Special Risk Administrative Support Class designation of members and determine whether or not those members meet the criteria for Special Risk Administrative Support Class membership.

(a) Upon request by the Division, recertification of a specified member or members shall be submitted by the employer. If the Division determines that a member does not meet the criteria, it shall follow the appeal procedure outlined in subsection 60S-1.0054(9), F.A.C., and notify the member of its intended decision to discontinue his or her membership in the Special Risk Administrative Support Class. The effective date of such discontinuance shall be the first day of the month following the date that final determination of the discontinuance is made. Contributions shall be due at the Regular Class membership rate effective with the first salary paid on or after the first day of the month the member becomes a Regular Class member.

(b) If the member does not accept the decision of the Division, he or she may petition the Division for an administrative hearing, pursuant to Sections 120.569 and 120.57, F.S. Such request shall be made within the time limitations of Rule 28-106.201, F.A.C.

(9) Appeal – Within 90 days of receipt of the application, the Division of Retirement shall determine whether or not the member meets the requirements for Special Risk Administrative Support Class membership. If it is determined that the member does not meet the requirements, the Division shall notify the member by certified mail, with a copy to his or her employer, of the Division’s intended decision to disapprove the member’s application for Special Risk Administrative Support 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 Division intends to deny his or her application for Special Risk Administrative Support Class membership, he or she shall have 21 calendar days to present written evidence or objections challenging the grounds upon which the Division has based its intended decision. If the Division receives no objections, final denial will be issued by the Division by certified mail at the conclusion of the 21 days.

(b) If objections are received in accordance with subsection (a) above, the Division shall within 20 calendar days of receipt of the objections provide a written explanation to the member by certified mail, giving the reasons for final acceptance or denial of the application. A copy of its written explanation shall be sent to the member’s employer.

(c) If the member does not accept the decision of the Division, the member may petition the Division for an administrative hearing on the denial of his or her application for Special Risk Administrative Support Class membership, pursuant to Sections 120.569 and 120.57, F.S. Such request should be made within the time limitations of Rule 28-106.201, F.A.C.

(d) A member who receives a final affirmative ruling on his or her appeal for Special Risk Administrative Support Class membership shall have such membership retroactive to the date the member would have had Special Risk Administrative Support 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.

Rulemaking Authority 121.031, 121.0515(7)(c) FS. Law Implemented 121.0515(7) FS. History–New 10-12-82, Amended 4-17-85, Formerly 22B-1.054, 22B-1.0054, Amended 1-25-94, 10-11-94, 9-17-03, 4-5-12.