60S-4.0035. Retirement Application and Effective Retirement Date

(1) It shall be the responsibility of the FRS Pension Plan member, the State and County Officers’ and Employees’ Retirement System member, the Teachers’ Retirement System member or the beneficiary of any such member in the event of the member’s death, to make application to the Division for retirement benefits. A member may apply for retirement benefits within 6 months prior to his or her date of termination of employment. If a member terminates his or her employment and elects to defer his or her retirement to some future date, he or she may apply for deferred benefits up to 6 months prior to the date he or she desires his or her retirement to become effective.

Applications for retirement benefits may be obtained from 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]. Applications are as follows:

(a) Application for normal or early retirement for FRS Pension Plan members as provided in rules 60S-4.004 and 60S-4.005, F.A.C., respectively shall be made on Form FR-11, effective 12/18, http://www.flrules.org/Gateway/reference.asp?No=Ref-10131, Florida Retirement System Pension Plan Application for Service Retirement, herein incorporated by reference.

(b) Application for normal or early retirement for members of the State and County Officers’ and Employees’ Retirement System as provided in rules 60S-4.004 and 60S-4.005, F.A.C., respectively, shall be filed with the Division on Form SR-11 (Rev. 09/07), http://www.flrules.org/Gateway/reference.asp?No=Ref-00372, State and County Officers’ and Employees’ Retirement System Application for Service Retirement, herein incorporated by reference.

(c) Application for normal or early retirement for members of the Teachers’ Retirement System as provided in rule 60S-4.004, F.A.C., respectively, shall be filed with the Division on Form TR-11, effective 07/16, http://www.flrules.org/Gateway/reference.asp?No=Ref-07341, Teachers’ Retirement System Application for Service Retirement, herein incorporated by reference.

(d) Application for retirement benefits by a beneficiary of a deceased FRS Pension Plan member, State and County Officers’ and Employees’ Retirement System member or a Teachers’ Retirement System member as provided in rule 60S-4.008, F.A.C., shall be filed with the Division on Form FST-11B, effective 07/16, http://www.flrules.org/Gateway/reference.asp?No=Ref-07344, Florida Retirement System Pension Plan Application of Beneficiary for Monthly Retirement Benefits, herein incorporated by reference. Application for retirement benefits by the contingent beneficiary of a deceased FRS Pension Plan member who selected an Option 2 benefit as provided in rule 60S-4.010, F.A.C., wherein the primary beneficiary receiving the Option 2 benefit dies within the 10-year period following the member’s effective date of retirement, shall be filed with the Division on Form FST-11so2 (Rev. 12/02), http://www.flrules.org/Gateway/reference.asp?No=Ref-00362, Florida Retirement System Pension Plan Application for Survivor Benefits, herein adopted by reference.

(e) Application for retirement benefits by a beneficiary of a deceased FRS Investment Plan Special Risk class member as provided in rule 60S-4.008, F.A.C., shall be filed with the Division on Form FST-11B-IP, effective 06/18, http://www.flrules.org/Gateway/reference.asp?No=Ref-09531, Florida Retirement System Application of Investment Plan Beneficiary for In-Line-of-Duty Benefits, herein incorporated by reference.

(f) Application for disability retirement as provided in rule 60S-4.007, F.A.C., shall be made as follows:

1. FRS Pension Plan members shall file such application for disability retirement with the Division on Form FR-13, effective 07/16, http://www.flrules.org/Gateway/reference.asp?No=Ref-07343, Florida Retirement System Pension Plan Application for Disability Retirement, herein adopted by reference.

2. FRS Investment Plan members shall file such application for disability retirement with the Division on Form PR-13, effective 07/16, http://www.flrules.org/Gateway/reference.asp?No=Ref-07342, Florida Retirement System Investment Plan Application for Disability Retirement, herein adopted by reference.

3. State and County Officers’ and Employees’ Retirement System members shall file such application for disability retirement with the Division on Form SR-13 (Rev. 09/71), http://www.flrules.org/Gateway/reference.asp?No=Ref-00373, State and County Officers’ and Employees’ Retirement System Application for Disability Retirement, herein adopted by reference.

4. Teachers’ Retirement System members shall file such application for disability retirement with the Division on Form TR-13 (Rev. 10/86), http://www.flrules.org/Gateway/reference.asp?No=Ref-00384, Teachers’ Retirement System Employees’ Retirement System of Florida Application for Disability Retirement, herein adopted by reference.

(2) Application for benefits provided herein, shall include proof of age for the member and for the joint annuitant.

(a) Proof of age shall be established with one of the following types of evidence (except as provided in 9.):

1. Copy of a birth certificate;

2. Delayed birth certificate;

3. Valid, unexpired U.S. passport;

4. Census report more than 30 years old;

5. Life insurance policy more than 30 years old;

6. Letter from the Social Security Administration stating the date of birth it has established for the payment of benefits;

7. Certificate of Naturalization;

8. Florida drivers license issued after January 1, 2010 that indicates compliance with the federal REAL ID Act.

9. In the absence of the above, a document from two of the following categories will be required:

a. Copy of a birth certificate of child, showing age of parent;

b. Baptismal certificate more than 30 years old;

c. Hospital record of birth; and

d. School record at time of entering grammar school.

(b) The Division may require other evidence as deemed necessary in the event the above documents cannot be obtained or establish conflicting birth dates.

(c) Once the birthdates of the member and joint annuitant have been verified by one of the above methods and a retirement benefit has been cashed or deposited, evidence of a different birthdate will not be accepted.

(3) A copy of the marriage license if the spouse is named as beneficiary and the member selects option 3 or 4 as provided in rule 60S-4.010, F.A.C., is required as part of a proper application for benefits under this section.

(4) The Division shall establish the member’s effective retirement date as follows:

(a) For a FRS Pension Plan member who makes application for a normal or early retirement benefit as provided in rule 60S-4.004, F.A.C., or for a State and County Officers’ and Employees’ Retirement System member who makes application for a normal or early retirement benefit as provided in section 122.08, F.S., or for a Teachers’ Retirement System member who makes application for a normal or early retirement benefit as provided in section 238.07, F.S., the effective retirement date shall be the first day of the month following the month in which the member’s termination occurs, provided the Division receives such member’s application for retirement no later than 30 calendar days after such termination. If a member fails to apply for retirement within 30 calendar days after termination or if the member chooses to defer his or her retirement to a later date, the effective retirement date shall be the first day of the month following the month in which the Division receives the member’s application, or the first day of a later month specified by the member. However, for a member who retires under the provisions of the Deferred Retirement Option Program as provided in chapter 60S-11, F.A.C., the member’s effective date of retirement shall be the DROP begin date as defined in subsection 60S-11.001(5), F.A.C.

(b) For a member who makes application for and is approved for disability retirement in accordance with rule 60S-4.007, F.A.C., and for whom the Division has received from the employer the required documentation of the member’s termination of employment, the effective retirement date shall be:

1. The first day of the month following the Division’s receipt of the Disability Retirement application as provided in subsection (1), when receipt is before the documented termination date, and provided no salary or workers’ compensation payments are reported and no creditable service is granted past the month in which the Disability Retirement application is received; or

2. The first day of the month following the documented termination date, provided the Division’s receipt of the Disability Retirement application is within 30 calendar days after such date; or

3. The first day of the month following the Division’s receipt of the Disability Retirement application when receipt is more than 30 calendar days after the documented termination date; or

4. The first day of the month following the last month for which salary is reported or creditable service is granted, provided the Division receives the Disability Retirement application before such day and the documented termination date occurs after such day.

5. For a member who is receiving Workers’ Compensation payments, the effective retirement date shall not be prior to the date the member reaches Maximum Medical Improvement (MMI), except when the member terminates employment prior to reaching MMI.

(c) For a member who dies prior to an effective retirement date established pursuant to paragraph (a) or (b), the effective retirement date shall be the first day of the month following the month in which the member died, provided the joint annuitant makes timely application for benefits; or, for a deferred monthly benefit, the first day of the month following the month in which the Division receives the joint annuitant’s application for benefits, or the first day of a later month specified by the joint annuitant.

(5) When a member’s application for retirement benefits is received, the Division will:

(a) Acknowledge the receipt of the member’s application and advise him or her of any required information or documents that have not yet been received. Such information may include but is not limited to birthdate verification, beneficiary designation, option selection as required by rule 60S-4.010, F.A.C., spousal acknowledgment by an FRS Pension member applying for retirement benefits or an Investment Plan participant applying for Disability retirement as required by subsection 60S-4.010(9), F.A.C., copy of the marriage license as provided in subsection (3), any payments due the member’s account for purchase of additional service credit or a written statement from the member that the member does not wish to claim such service credit, and final certification of earnings.

(b) Establish the effective retirement date as provided in paragraph 60S-4.0035(4)(a), F.A.C., for normal or early retirement, or as provided in paragraph 60S-4.0035(4)(b), F.A.C., for disability retirement.

(c) Send follow-up notices, reminding the member of any required information or documents that have not yet been received.

(d) If all the required information or documents have not been received by the Division after 3 follow-up notices have been sent to the member, a certified letter will be sent advising the member he or she has 21 days to provide such information or documents without loss of benefits.

(e) If all the required information or documents have not been received by the Division after the 21 days specified in the certified letter, a final agency action letter will be sent to the member advising the member that his or her application is canceled and he or she must reapply to receive benefits, with a new effective retirement date established upon application.

Rulemaking Authority 121.031, 121.4501(8) FS. Law Implemented 112.65, 121.021, 121.091, 121.4501(16), 121.591(2) FS. History–New 11-14-91, Formerly 22B-4.0035, Amended 8-4-94, 12-12-96, 8-13-03, 4-5-12, 11-6-16, 6-28-18, 12-23-18.