60S-1.007. Admission of Cities, Independent Special Districts, Metropolitan Planning Organizations, Public Charter Schools and Public Charter Technical Career Centers to the Florida Retirement System

(1) Social Security Coverage Required – Any municipality or independent special district or unit thereof, or metropolitan planning organization, public charter school or public charter technical career center desiring to participate in the Florida Retirement System must be approved for social security coverage by the United States Secretary of Health and Human Services and the Administrator prior to participating in the Florida Retirement System. Application for social security coverage shall be made to the Administrator in accordance with Chapter 650, F.S.

(2) Request for Membership – The governing body of the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center desiring to participate in the Florida Retirement System shall submit a request to the Administrator. This request must indicate whether or not the present officers and employees are covered by a retirement system and whether or not they are covered by social security.

(3) Ordinance or Resolution – The Administrator shall furnish the governing body of the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center a sample ordinance or resolution, whichever is applicable, which may be used by the governing body of the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center in setting forth the terms under which the benefits of the Florida Retirement System will be extended to the officers and employees of the covered group.

(4) The ordinance adopted by a municipality and the resolution adopted by an independent special district, metropolitan planning organization, public charter school or public charter technical career center shall include the following:

(a) Designation of those officers and employees who are eligible and those officers and employees who are not eligible for participation in the Florida Retirement System.

(b) A declaration of the intent of the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center to extend the benefits of the Florida Retirement System to all eligible officers and employees as of a specific date.

(c) Designation of an official of the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center to execute agreements and amendments thereto with the Director of the Division of Retirement.

(d) Provisions for withholding from employees’ compensation each pay period the social security contributions required by Rule 60S-3.010, F.A.C.

(e) Provisions for the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center to remit to the Division each pay period in accordance with Rule 60S-3.011, F.A.C., the contributions required to be paid pursuant to Rule 60S-3.003, F.A.C.

(f) Provisions for the establishment, maintenance, and submission of such records relating to the Florida Retirement System as are required by the Administrator.

(g) Certification of the effective date of the ordinance or resolution.

(5) Agreement – The governing body of each municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center not participating in an existing retirement system on November 30, 1970, which desires to participate in the Florida Retirement System shall be required to enter into an agreement with the Director of the Division of Retirement. The agreement shall include the following provisions:

(a) That benefits shall be provided for all eligible officers and employees in accordance with the provisions of Chapter 121, F.S., and these rules and regulations.

(b) That the required contributions for social security shall be deducted from the compensation of all members each pay period and shall be remitted as required by Rule 60S-3.010, F.A.C.

(c) That the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center shall remit to the Division each pay period in accordance with Rule 60S-3.011, F.A.C., the contributions required to be paid pursuant to Rule 60S-3.003, F.A.C.

(d) That failure of the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center to comply with the agreement with regard to the payment of employer and employee retirement contributions when due shall be the basis for the Administrator invoking the applicable provisions of Rule 60S-3.011, F.A.C.

(e) That the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center shall establish and maintain such records and make such reports relating to the Florida Retirement System as may be required by the Administrator.

(f) That the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center shall or shall not provide for all or any part of the past service of its employees. This part of the agreement shall be binding and irrevocable effective with the date of coverage in the Florida Retirement System.

1. If past service is to be provided, the agreement must stipulate the amount of past service to be provided by the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center. The cost of such past service shall be computed by the Division of Retirement. If the agency does not wish to pay the entire cost immediately, a 10% down payment shall be required and the balance shall be paid in yearly installments amortized over a period determined by the following formula: The average age of the employees of the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center joining the system is subtracted from the normal retirement age for a Regular Class member of the Florida Retirement System as defined in Section 121.021(29), F.S., and the difference shall be the maximum number of years, not to exceed 15 years, over which the payments may be amortized. The agency may elect to amortize payments over a shorter period of time than the maximum years allowed. Interest charged shall be 4 percent compounded annually until July 1, 1975 and 6.5 percent compounded annually thereafter until date of payment.

2. At the time the agency begins participating in the Florida Retirement System, the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center shall provide certification of monthly service and earnings for all employees eligible to claim past service credit, whether or not the past service credit is purchased by the employer.

(g) That the agreement may not be revoked, except as provided in subsection 60S-1.007(8), F.A.C., and that all officers and employees employed on or after the effective date of the agreement shall be compulsory members of the Florida Retirement System as a condition of employment.

(6) Certified Financial Statement – The governing body of a municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center which has a local retirement system shall, prior to the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center being approved for participation in the Florida Retirement System, submit to the Administrator a certified financial statement showing the condition of the local retirement system as of a date within 3 months prior to the effective date of membership in the Florida Retirement System. The statement shall be certified by a recognized accounting firm which is independent of the local retirement system.

(7) Referendum – The governing body of a municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center which has an existing retirement system covering the employees in the units that are to be brought under the Florida Retirement System shall, prior to the municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center being approved for participation in the Florida Retirement System may participate only after holding a referendum as provided in and in accordance with Section 121.051(2)(b)2., F.S.

(8) All required documents necessary for extending Florida Retirement System coverage shall be delivered to the Division of Retirement for consideration at least 15 days prior to the effective date of coverage. If this is not complied with, the Division of Retirement may require that the effective date of coverage be changed.

(9) The governing body of a municipality or independent special district that participates in the Florida Retirement System may revoke its election to participate with an effective date of January 1, 1996, in accordance with the provisions of Section 121.0511, or 121.051(2)(b)5, F.A.C.

Rulemaking Authority 121.031 FS. Law Implemented 121.021(34), 121.051(2)(b), (3), 121.051, 121.0511 FS. History–New 1-1-72, Amended 12-31-74, 1-16-77, 8-26-81, 1-19-82, 11-6-84, Formerly 22B-1.07, Amended 5-19-91, Formerly 22B-1.007, Amended 3-12-96, 4-5-12, 3-25-13.