60S-4.003. Retirement Eligibility

(1) An FRS Pension Plan member shall be eligible to receive a retirement benefit based on age and service provided:

(a) He or she terminates all employment with all employers participating in the Florida Retirement System as provided in Rule 60S-6.001, F.A.C., (termination) or subsection (3) of this Rule, except as provided in subsection 60S-4.012(8), F.A.C., and

(b) He or she satisfies vesting requirements by completing creditable service as follows:

1. Eight years of creditable service for members initially enrolled in the FRS on or after July 1, 2011.

2. Six years of creditable service for members initially enrolled in the FRS prior to July 1, 2011, subject to the following:

a. A member who is employed in a covered position on July 1, 2001 or a new member who begins employment in a covered position between July 1, 2001 and June 30, 2011, shall satisfy the vesting requirement for retirement eligibility upon completion of a total of 6 years of creditable service in any membership class;

b. A member with service before July 1, 2001 who is not employed on July 1, 2001 must be employed in a regularly established position for one work year after that date to become eligible for 6-year vesting as provided in sub-subparagraph a. However, when such member completes the vesting requirements in sub-subparagraphs 60S-4.003(1)(b)3.a.-c., F.A.C., prior to completing the one work year, such member shall be vested.

3. Any member initially enrolled in the FRS prior to July 1, 2001, who does not satisfy the requirement of sub-subparagraph 2. a. or b. shall remain subject to the following vesting requirements:

a. 10 years of any creditable service; or

b. 8 years of creditable service as an Elected Officers’ Class member; or

c. 7 years of creditable service as a Senior Management Service Class member, which shall include:

(I) Service in the Senior Management Service Class after January 31, 1987 or the effective date of membership in the Senior Management Service Class, whichever is later; and

(II) Service within the purview of the Senior Management Service Class performed on and after September 1, 1980 and prior to the effective date of membership in the Senior Management Service Class as provided in subsection 60S-1.0057(1), F.A.C. Such service shall have the percentage value per year of the Class to which the member belonged when the service was performed.

(c) He or she attains one of the following:

1. Normal retirement age with benefits payable according to Rule 60S-4.004, F.A.C., as follows:

a. If initially enrolled in the FRS prior to July 1, 2011, he or she has completed 30 years of creditable service, regardless of age; (all creditable service, including military service is applicable); or

b. If initially enrolled in the FRS on or after July 1, 2011, he or she has completed 33 years of creditable service, regardless of age; (all creditable service, including military service is applicable); or

c. If initially enrolled in the FRS prior to July 1, 2011, all of his or her creditable service is in the Regular Class, the Elected Officers’ Class, and/or the Senior Management Service Class, and he or she has reached age 62; or

d. If initially enrolled in the FRS on or after July 1, 2011, all of his or her creditable service is in the Regular Class, the Elected Officers’ Class, and/or the Senior Management Service Class, and he or she has reached age 65; or

e. All of his or her creditable service is Special Risk Class service or a combination of Special Risk Class service and Special Risk Administrative Support Class service, State and County Officers and Employees’ Retirement System high-hazard service, Highway Patrol Pension System service, or service as provided in Rule 60S-2.0041, F.A.C., and:

(I) He or she has satisfied vesting requirements in paragraph (b) but:

(A) If initially enrolled in the FRS prior to July 1, 2011, has completed less than 25 years of such creditable service and has reached age 55; or

(B) If initially enrolled in the FRS on or after July 1, 2011, has completed less than 30 years of such creditable service and has reached age 60; or

(II) He or she has creditable service that includes credit for military service, and:

(A) If initially enrolled in the FRS prior to July 1 , 2011, has completed 25 years of such service and has reached age 52; or

(B) If initially enrolled in the FRS on or after July 1 , 2011, has completed 30 years of such service and has reached age 57; or

(III) Regardless of age:

(A) If initially enrolled in the FRS prior to July 1, 2011, he or she has completed 25 years of such creditable service; or

(B) If initially enrolled in the FRS on or after July 1, 2011, he or she has completed 30 years of such creditable service.

2. Early retirement age with benefits payable in accordance with Rule 60S-4.005, F.A.C., as follows:

a. All of his or her creditable service is in the Regular Class, the Elected Officers’ Class, and/or the Senior Management Service Class and:

(I) If initially enrolled in the FRS prior to July 1, 2011, he or she has neither reached age 62, nor completed 30 years of service; or

(II) If initially enrolled in the FRS on or after July 1, 2011, he or she has neither reached age 65, nor completed 33 years of service; or

b. All of his or her creditable service is in the Special Risk Class or in a combination of the Special Risk Class and the Special Risk Administrative Support Class, the State and County Officers and Employees’ Retirement System High-Hazard service, the Highway Patrol Pension System, or service as provided in Rule 60S-2.0041, F.A.C., and:

(I) He or she has satisfied vesting requirements in paragraph (b) but:

(A) If initially enrolled in the FRS prior to July 1, 2011, has completed less than 25 years of such creditable service and has not reached age 55; or

(B) If initially enrolled in the FRS on or after July 1, 2011, has completed less than 30 years of such creditable service and has not reached age 60; or

(II) He or she has creditable service that includes credit for military service, but:

(A) If intially enrolled in the FRS prior to July 1, 2011, has completed 25 years of such service, but has not reached age 52; or

(B) If intially enrolled in the FRS on or after July 1, 2011, has completed 30 years of such service, but has not reached age 57.

3. Dual retirement ages with benefits payable in accordance with Rule 60S-4.006, F.A.C., when he or she has creditable service as a Regular Class, Elected Officers’ Class or Senior Management Service Class member; and as a Special Risk Class member, or a Special Risk Class member with high-hazard or Highway Patrol service.

(2) A member who becomes totally and permanently disabled may be eligible for a disability retirement benefit in accordance with Rule 60S-4.007, F.A.C.

(3) Any member who meets the eligibility requirements under subsection 60S-4.003(1), F.A.C., and who is a participant in the State University System Optional Retirement Program, the Community College Optional Retirement Program or the Senior Management Service Optional Annuity Program shall not be eligible to receive a Florida Retirement System retirement benefit until he or she terminates the employment which qualifies him or her for participation in the State University System Optional Retirement Program, the Community College Optional Retirement Program or the Senior Management Service Optional Annuity Program.

(4) A member of the State and County Officers’ and Employees’ Retirement System shall be eligible to receive a retirement benefit in accordance with Chapter 122 of the F.S.

(5) A member of the Teachers’ Retirement System shall be eligible to receive a retirement benefit in accordance with Chapter 238 of the Florida Statutes.

Rulemaking Authority 121.031, 121.052(14) FS. Law Implemented 121.021, 121.052(2), (3), 121.055 FS. History–New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Amended 7-1-79, 9-9-82, 2-6-84, Formerly 22B-4.03, Amended 2-4-86, 1-12-87, 9-5-90, 11-14-91, Formerly 22B-4.003, Amended 3-18-93, 1-25-94, 8-13-03, 4-5-12, 3-25-13.