60S-4.011. Designation of Beneficiary

(1) A member may designate a beneficiary, as provided in subsection 60S-4.011(4) or (5), F.A.C., to receive the benefits which may be payable pursuant to these rules in the event of the member’s death. No designation of beneficiary shall be effective unless it has been filed with the Division. The most recent designation of beneficiary filed with the Division shall replace any previous designation whether made before or after the member’s retirement.

(2) As provided in Section 121.091(8), F.S., if no beneficiary is designated or if no designated beneficiary survives the member, the beneficiary shall be determined in the following order: the spouse of the deceased member; or if the spouse is not living, the living children of the deceased member, or on their behalf if under 18 years of age; or if no children survive, the deceased member’s father and/or mother, if living; otherwise, the legal representative of the deceased member’s estate.

(3) If a member has transferred from an existing system, any person whom the member had designated as his or her beneficiary under that existing system shall remain the member’s designated beneficiary and shall receive the benefits, if any, which may be payable pursuant to these rules in the event of the member’s death, unless the member changes his or her designation of beneficiary on the proper form provided by the Division.

(4) A member may designate a beneficiary or beneficiaries at any time prior to retirement, as follows:

(a) A member may designate one or more beneficiaries, to receive benefits sequentially, or jointly.

(b) A member may designate as beneficiary any person, organization, trust, or his or her estate; or he or she may designate that benefits be paid according to law as provided in subsection 60S-4.011(2), F.A.C., and Section 121.091(8), F.S.

(c) Such beneficiary designation shall be made on the Form BEN-001, effective 07/16, http://www.flrules.org/Gateway/reference.asp?No=Ref-07348, Florida Retirement System Pension Plan Active Member Beneficiary Designation Form, 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]. 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].

(d) A member may change his or her designation of a beneficiary at any time prior to retirement on the Form BEN-001.

(e) Notwithstanding any other provisions in this section to the contrary, effective January 1, 1999, if a member dies before his or her effective date of retirement, the member’s spouse at the time of death shall be the member’s beneficiary unless the deceased member had designated a different beneficiary after his or her most recent marriage, as provided herein:

1. If the member was not married at the time of his or her death, the beneficiary shall be the member’s most recently designated beneficiary as provided in this section. To establish entitlement to a survivor’s benefit, the designated beneficiary must provide to the Division a notarized statement that the member had no spouse at the time of death.

2. If the member was married at the time of his or her death, but the spouse is not the member’s designated beneficiary, to establish entitlement to a survivor’s benefit the spouse must provide a copy of the marriage certificate verifying that the marriage occurred after the most recent beneficiary designation.

(5) Upon application for retirement, a member shall be required to complete a new designation of beneficiary on the appropriate application form as provided in subsection 60S-4.0035(1), F.A.C., as follows:

(a) A member who selects option 1 or 2, as provided in paragraph 60S-4.010(1)(a) or (b), F.A.C., may:

1. Designate as beneficiary any person, organization, trust, or his or her estate; or designate that benefits be paid according to law as provided in subsection 60S-4.011(2), F.A.C., and Section 121.091(8), F.S.

2. Designate one or more beneficiaries to receive benefits jointly or sequentially.

3. Change his or her designation of beneficiary at any time on Form FST-12, effective 07/16, http://www.flrules.org/Gateway/reference.asp?No=Ref-07349, Florida Retirement System Pension Plan Retired Member and DROP Participant Beneficiary Designation Form, 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]. 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].

(b) Effective July 1, 1992, a member who selects Option 2, as provided in paragraph 60S-4.010(1)(b), F.A.C., shall, upon application for retirement, designate a beneficiary or beneficiaries as follows:

1. The member shall designate one or more primary beneficiaries to receive any benefits remaining upon the death of the member. If more than one primary beneficiary is designated, they shall be joint primary beneficiaries and shall receive equal portions of the remaining benefit unless the member specifies different proportions.

2. The member may also designate one or more contingent beneficiaries to receive any benefits remaining upon the death of all the primary beneficiaries, whether such deaths occur before or after the member’s death. The member may designate such contingent beneficiaries to receive benefits jointly, sequentially, or to receive the benefit portion of a deceased primary beneficiary.

3. Upon the death of a joint primary beneficiary, such deceased beneficiary’s portion of the benefit shall be paid to the remaining joint primary beneficiaries in proportion to their share of the benefit, unless specified by the member that such portion shall be paid to a contingent beneficiary. Upon the death of all joint primary beneficiaries, any remaining benefits shall be paid to any contingent beneficiaries designated by the member as provided in subparagraph 60S-4.011(5)(b)2., F.A.C.

4. Any benefits remaining upon the death of the last remaining beneficiary designated by the member, whether primary or contingent, shall be paid to the estate of such beneficiary.

(c) A member who elects to retire under Option 3 or 4, as provided in paragraph 60S-4.010(1)(c) or (d), F.A.C., shall designate a beneficiary who qualifies as a joint annuitant. The joint annuitant must meet the definition of joint annuitant in Rule 60S-6.001, F.A.C. Proof of financial dependency or of physical or mental incapacity for self-support shall be required and may include the following documents, as determined by the Division based on the circumstances of the joint annuitant:

1. Copy of member’s Federal income tax return(s) obtained from the Internal Revenue Service claiming the dependent as an exemption.

2. Copy of member’s and joint annuitant’s (if any) Federal income tax return(s) obtained from the Internal Revenue Service showing that one-half or more of the joint annuitant’s support is provided by the member.

3. Additional documentation such as medical or institutional cost statements.

4. Medical or financial records or documents proving that a child is physically or mentally incapable of self-support.

5. Other proof as required by the Division based on individual circumstances.

(6) An active or retired member may designate a trust as beneficiary or may designate a beneficiary whose benefits are to be paid through a trust, subject to the following:

(a) If a member who dies prior to his or her effective date of retirement has designated a trust as his or her beneficiary, such trust shall be entitled only to a refund of the member’s contributions as provided in subsection 60S-4.008(1) or (2)(a), F.A.C.

(b) If a member who dies prior to his or her effective date of retirement has designated a beneficiary to receive benefits through a trust, such beneficiary shall be entitled to the same benefits, in accordance with Rule 60S-4.008, F.A.C., as if the member had designated such beneficiary without specifying that benefits be paid through a trust.

(c) Under option 3 or 4 a member may not designate a trust as beneficiary, but may designate a natural person whose benefits are to be paid through a trust, provided:

1. Such beneficiary is a minor or is legally incompetent; and,

2. The designated natural person qualifies as a joint annuitant as defined in Rule 60S-6.001, F.A.C., and in accordance with paragraph 60S-4.011(5)(c), F.A.C., as of the member’s effective date of retirement or at the time of the change of beneficiary designation after retirement as provided in subsection 60S-4.010(8), F.A.C., as applicable.

(d) When a member makes a beneficiary designation involving a trust, either upon application for retirement or after retirement, he or she shall file with the Division:

1. A copy of the trust instrument; and,

2. A copy of the acceptance of the trusteeship by the trustee; and,

3. If applicable, a clear identification of the natural person or persons named as beneficiary to whom benefits are to be paid through a trust.

(e) Notwithstanding the member’s designation of benefits to be paid through a trust to a beneficiary that is a natural person, and notwithstanding the provisions of the trust, the Division shall pay benefits directly to the beneficiary if such person is no longer a minor or legally incompetent.

(f) The trustee of a trust designated as beneficiary or through which benefits are to be paid to a named beneficiary shall have the right to make all applicable decisions and actions regarding benefits payable to or through such trust (including, but not limited to, requesting a lump-sum settlement when a trust is the named beneficiary under option 2, completing forms, and designating subsequent beneficiaries), unless the trustee and the legal guardian of a beneficiary receiving benefits through the trust are not one and the same, in which case only the legal guardian may act on behalf of the beneficiary.

Rulemaking Authority 121.031 FS. Law Implemented 121.021, 121.091(6), (8) FS. History–New 1-1-72, Amended 12-31-74, 1-19-82, 9-9-82, Formerly 22B-4.11, Amended 2-7-89, 9-5-90, 5-15-91, 11-14-91, 9-8-92, Formerly 22B-4.011, Amended 3-12-96, 2-24-99, 8-13-03, 4-5-12, 5-1-14, 11-6-16.