60S-2.007. Credit for Out-of-State and In-State Service

(1) Any member who is a seasonal state employee who works for and draws compensation from the State for a period of more than 6 calendar months during any fiscal year and who works for another state in the same or similar capacity during the same fiscal year, may receive retirement credit for the actual time employed by the other state during that fiscal year, in accordance with the following:

(a) He or she shall provide to the Division a statement from the state in which he or she was employed, listing days employed and monthly earnings.

(b) He or she shall make the required contributions in accordance with Rule 60S-3.008, F.A.C.

(2) A member of the Teachers’ Retirement System who transferred to the Florida Retirement System and was eligible to claim retirement credit for out-of-state service under the Teachers’ Retirement System at the time he or she transferred to the Florida Retirement System shall be allowed to claim, pay for, and receive retirement credit for out-of-state service in accordance with the provisions of the Teachers’ Retirement System, subject to the following:

(a) The member must have been eligible to claim at least one year of out-of-state service prior to transferring to the Florida Retirement System.

(b) Continuous service under the Florida Retirement System as a teacher immediately following the member’s transfer may be used to increase the number of years of out-of-state service the member is allowed to claim.

(c) All out-of-state service claimed shall be paid for and credited in accordance with the provisions of the Teachers’ Retirement System.

(d) No member who receives or is entitled to receive a pension or annuity from any other state or county or municipality or taxing district may, by a withdrawal of contributions therefrom, become eligible to purchase credit for such out-of-state service under this section unless:

1. Said withdrawal of contributions completely divests the member of all rights under such other system, including the right to reinstate his or her eligibility for a benefit by repayment of the withdrawn contributions; or

2. Said withdrawal of contributions prevents the member under the provisions of such other system from reinstating his or her eligibility for a benefit unless he or she accepts reemployment in such state.

3. The member submits Form TR-4 (Rev. 04/99), http://www.flrules.org/Gateway/reference.asp?No=Ref-00342, Florida Retirement System Verification of Out-of-State Teaching Service, herein adopted by reference, completed by the administrator of the retirement system of such other state, county, municipality or taxing district stating that he or she is ineligible for a benefit therein. Such form should, if possible, be obtained by the member prior to submitting his or her application for retirement and should be attached to his or her application. Form TR-4 may be obtained by calling the Division Toll Free at [phone], if calling from 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].

(3) A member of the Florida Retirement System may purchase credit for up to 5 years of out-of-state public employment; employment with the federal government (which may include military service not claimed under Rule 60S-2.005, F.A.C.); non-FRS, in-state public employment; or in-state employment in charter schools, charter technical career centers, or nonpublic schools and colleges accredited by the Southern Association of Colleges and Schools; as follows:

(a) Such service must have been service covered by a retirement or pension plan provided by the employer, and performed prior to a period of membership in the Florida Retirement System.

(b) The member must not have received, or be eligible, now or in the future, to receive a benefit from any other retirement or pension plan based on the service being claimed.

(c) To receive credit for such service, the member must satisfy the service requirements for vesting in the Florida Retirement System, which can include service in an existing system, and which excludes any service purchased under this subsection.

(d) Prior to satisfying the service requirements for vesting in the Florida Retirement System, a member may purchase credit for one year of service under this subsection after the completion of one year of creditable service; with the purchase of additional years of service being allowed on a year for year basis, up to the five-year maximum. However, such service will not be creditable until after the member has satisfied the service requirements for vesting under the Florida Retirement System.

(e) A member of the Florida Retirement System Pension Plan who wishes to claim such service shall obtain the following from the out-of-state or in-state employer’s retirement or pension plan on Form FR-30 (Rev. 05/14), http://www.flrules.org/Gateway/reference.asp?No=Ref-04641, Florida Retirement System Pension Plan Verification for In-State or Out-of-State Service Credit, 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 from outside the Tallahassee calling area or locally at [phone]; or on Form FR-30a (Rev. 07/04), http://www.flrules.org/Gateway/reference.asp?No=Ref-00336, Florida Retirement System Pension Plan Out-of-State Employer Request, herein adopted by reference, which is sent to the member’s address of record by the Division if the information provided by the out-of-state in-state employer’s retirement or pension plan on Form FR-30 is incomplete; or in the case of a deceased member, a beneficiary who wishes to claim such service on the behalf of the member shall obtain the following from the out-of-state or in-state employer’s retirement or pension plan on Form FR-30b (Rev. 07/99), http://www.flrules.org/Gateway/reference.asp?No=Ref-00337, Florida Retirement System Pension Plan Verification for In-State or Out-of-State Service Credit, herein adopted by reference which may be obtained by calling the Division Toll Free at [phone], if calling from 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]:

1. A statement verifying that the member was a member of a retirement or pension plan provided by the employer and to which the employer paid contributions, and that he or she has not been, is not, and will not be eligible to receive either a lump sum distribution, other than a refund of member contributions, or a continuing benefit from that plan based on that service.

2. Certification of years and partial years of service by fiscal year, and length of work year.

(f) The service shall be claimed and credited as Regular Class service.

(g) A member shall be eligible to receive credit for such service performed after leaving the Florida Retirement System only upon return to membership and completion of a least 1 year of creditable service following the out-of-state or in-state service.

(h) The required contributions shall be paid by the member or his or her employer as provided in subsection 60S-3.008(3), F.A.C.

(i) A member claiming military service under these provisions must also complete and submit to the Division, Form MF-2 (Rev. 07/06), http://www.flrules.org/Gateway/reference.asp?No=Ref-00341, Florida Retirement System Pension Plan Statement of Military Eligibility to Purchase Military Service under the Out-of-State Provisions, herein adopted by reference, attesting to the fact that the military service for which he or she requests credit has not and will not be claimed for retirement purposes under any other public pension plan. Form MF-2 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 from 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].

Rulemaking Authority 121.031 FS. Law Implemented 120.045, 121.021, 121.051(6)(a), 121.1115, 121.1122, 122.07, 238.06(4) FS. History–New 1-1-72, Amended 8-20-75, 8-5-76, 7-1-79, Formerly 22B-2.07, 22B-2.007, Amended 3-18-93, 4-5-95, 12-12-96, 2-24-99, 8-13-03, 4-5-12, 3-25-13, 4-5-15.