The purpose and effect are to amend Division of Retirement rules to correspond with statutory changes up through the 2010 Legislative session and delete obsolete language.

 

DEPARTMENT OF MANAGEMENT SERVICES
Division of Retirement

RULE NO.: RULE TITLE:
60S-4.001: Scope and Purpose
60S-4.002: Statements of Policy
60S-4.003: Retirement Eligibility
60S-4.0035: Retirement Application and Effective Retirement Date
60S-4.004: Benefits Payable Upon Normal Retirement
60S-4.005: Benefits Payable Upon Early Retirement
60S-4.006: Benefits Based on Dual Retirement Ages
60S-4.007: Benefits Payable for Disability Retirement
60S-4.008: Benefits Payable Upon Death
60S-4.009: Benefits Payable After Termination
60S-4.010: Retirement Benefit Payment Options
60S-4.011: Designation of Beneficiary
60S-4.012: Employment After Retirement
60S-4.015: Deductions from Monthly Benefits
60S-4.021: Forfeiture of Benefits

PURPOSE AND EFFECT: The purpose and effect are to amend Division of Retirement rules to correspond with statutory changes up through the 2010 Legislative session and delete obsolete language.

SUMMARY: These amendments reflect the statutory changes occurring in Chapter 2009-209, Laws of Florida, regarding: the requirements for “termination of employment”; and limitations on reemployment and renewed membership in the Florida Retirement System; and incorporate by reference one new Division form, one State Board of Administration form and 37 Division Forms previously adopted by reference in Rule 60S-9.001, F.A.C.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: No State of Estimated Regulatory Cost was prepared. The agency has determined that this rule shall not have an effect on small businesses as defined in Section 288.703, Florida Statutes, nor on small counties or small cities as defined in Section 120.52, Florida statutes. Any person who wishes to provide information regarding the statement of estimated costs or to provide a proposal for a lower regulatory cost alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 121.031, 121.052, 121.4501(8)(a) FS.
LAW IMPLEMENTED: 61.1301, 112.18, 112.181, 112.362, 112.65, 121.021, 121.031, 121.046(4), 121.051(2), 121.052, 121.053, 121.055, 121.091, 121.23, 121.450 (16), 121.591(2), 222.21, 238.181 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:

DATE AND TIME: November 4, 2011, 10:00 a.m., ET

PLACE: Division of Retirement of the Department of Management Services, Director’s Conference Room, Suite 208, 1317 Winewood Blvd., Bldg 8, Tallahassee, Florida 32399-1560

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULES IS: Garry Green, Operations and Management Consultant Manager, Department of Management Services, Division of Retirement, 1317 Winewood Blvd., Bldg. 8, Tallahassee FL 32399-1560, [phone]

 

THE FULL TEXT OF THE PROPOSED RULES IS:

60S-4.001 Scope and Purpose.

This chapter sets forth the rules and regulations providing for benefits for members of the Florida Retirement System Pension Plan administered by the Division of Retirement of the Department of Management Services unless otherwise specifically stated.

Rulemaking Specific Authority 121.031 FS. Law Implemented 121.031 FS. History–New 1-1-72, Amended 10-20-74, Repromulgated 12-31-74, Formerly 22B-4.01, Amended 9-8-92, Formerly 22B-4.001,_________.

 

60S-4.002 Statements of Policy.

(1) through (3) No change.

(4) After a retirement benefit payment has been cashed or deposited or after a DROP payment is credited:

(a) No additional service, which remained unclaimed at retirement, may be claimed or purchased;

(b) The selection of an option may not be changed; and

(c) The type of retirement, i.e. normal, early, or disability, may not be changed, except for the following:

1. When a member recovers from disability and subsequently applies for normal or early retirement as provided in subsections 60S-4.007(8)(7) and (9)(8), F.A.C.,

2. When a member begins receiving normal or early service retirement benefits while appealing a denial of his or her application for disability retirement and such disability application is subsequently approved as provided in paragraph 60S-4.007(3)(g), F.A.C., or

3. When an elected officer requests, prior to July 1, 1990, that his or her benefit be suspended and recalculated as provided in paragraph 60S-4.012(6)(b), F.A.C.

(5) Any person who retires under the noncontributory retirement plan for state officers and employees established by Section 112.05, F.S., shall forfeit all rights and benefits under the Florida Retirement System, except for a refund of his or her accumulated contributions.

(6) No change.

(7) A person who is retired under the Florida Retirement System may not have his or her monthly retirement benefit reduced for the purpose of preserving his or her eligibility for pensions or benefits under some other state or federal program. A person may refuse application of the minimum benefit as provided in Rule 60S-4.0025, F.A.C., or the Retiree Health Insurance Subsidy as provided in Rule 60S-4.020, F.A.C.

(8) Immediately upon reducing, suspending or terminating a benefit or, if possible, prior to taking such action, the Division may give notice in writing to each person known by the Division to be substantially affected by the action. The notice shall:

(a) State the nature of the action and the reason for it.

(b) State that a person who does not agree with the action may request a hearing on the decision by filing, within 21 days of receipt of the notice, a petition prepared in accordance with Rule 28-106.201 60S-10.003, F.A.C.

(c) State that a person who does not file a petition within 21 days of receipt of the notice shall have waived his or her right to request a hearing on the decision.

(d) Include a reference to this rule and a copy of Rule 28-106.201 60S-10.003, F.A.C.

(9) To ensure the removal of names of deceased retirees or beneficiaries from the benefit payroll, the Division shall, at least once each year, conduct an audit of the benefit payroll to determine that the persons to whom benefits are being paid are still living. The benefit payment recipient may be sent Form SAPS (Rev. 10/02), Florida Retirement System Statement Attesting to Payee Status, or Form AAPS (Rev. 08/00), Florida Retirement System Pension Plan Affidavit Attesting to Payee Status, both of which are herein incorporated by reference, and requires the still living benefit payee recipient to sign and return the form to the Division. The Division shall suspend the benefits payable to any retiree or beneficiary not confirmed to be living.

(10) It is the responsibility of a payee to notify the Division of any change in his or her address. The Division may suspend benefit payments to a payee if correspondence sent to the payee’s mailing address is returned due to incorrect address. Benefit payments will be resumed upon notification to the Division of the payee’s new address.

(11) No change.

(12) A member or payee may designate an attorney in fact to handle his or her affairs by executing a power of attorney. To establish a power of attorney with the Division, a copy of the original power of attorney must be submitted with the member’s or payee’s signature properly witnessed, and must designate the authorized attorney in fact to act on his or her behalf. The document must clearly state the specified acts to be performed on behalf of the member or payee. A power of attorney may be revoked by either written notification from the member or payee, death of the member or payee, or acts deemed to be inconsistent with authority. Once a power of attorney has been filed with the Division, the Division must be notified if the power of attorney is ever revoked.

(13) No change.

(14) Any state warrant issued by the Chief Financial Officer Comptroller for the payment of retirement benefits from the Florida Retirement System Trust Fund, or any other pension trust fund administered by the Division, that is not presented for payment within 1 year after the last day of the month in which it was originally issued, shall be cancelled by the Chief Financial Officer Comptroller and the amount of the warrant credited to the Florida Retirement System Trust Fund or other pension trust fund administered by the Division, as appropriate. The Division may issue a replacement warrant when it deems appropriate.

Rulemaking Specific Authority 121.052(7) FS. Law Implemented 121.052, 121.055 FS. History–New 1-1-72, Amended 10-20-72, Repromulgated 12-20-74, Amended 12-31-74, 1-16-77, 7-1-79, 12-22-80, 8-26-81, 2-6-84, 11-6-84, 4-17-85, Formerly 22-2.02, Amended 2-4-86, 3-11-87, 9-5-90, Formerly 22-B-2.002, Amended 2-24-99, 8-13-03,________.

 

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. Six 6 years of creditable service, 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 on or after July 1, 2001 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)2.a.-c., F.A.C., prior to completing the one work year, such member shall be vested.

2. No change.

(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. He or she has completed 30 years of creditable service, regardless of age; (all creditable service, including military service is applicable); or

b. 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

c. 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 has completed less than 25 years of such creditable service and has reached age 55; or

(II) He or she has completed 25 years of such creditable service that includes credit for military service, and has reached age 52; or

(III) He or she has completed 25 years of such creditable service, regardless of age.

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 he or she has neither reached age 62, nor completed 30 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 has completed less than 25 years of such creditable service and has not reached age 55, or

(II) He or she has completed 25 years of such creditable service that includes credit for military service, but has not reached age 52.

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) No change.

(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 Florida Statutes.

(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 Specific Authority 121.031, 121.052(7) FS. Law Implemented 121.021, 121.051(2), 121.052(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,________.

 

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 proper 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. Application for retirement benefits shall be made 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 (Rev. 11/10), Florida Retirement System Pension Plan Application for Service Retirement, herein adopted by reference; if by the beneficiary of a deceased member as provided in Rule 60S-4.008, F.A.C.;

(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), 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 Rules 60S-4.004 and 60S-4.005, F.A.C., respectively, shall be filed with the Division on Form TR-11 (Rev. 09/07), 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 Divisionor on Form FST-11b (Rev 12/02), 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), Florida Retirement System Pension Plan Application for Survivor Benefits, herein adopted by reference;

(e) Application or for disability retirement as provided in Rule 60S-4.007, F.A.C., shall be made as follows: Such forms are adopted in Rule 60S-9.001, F.A.C.

1. FRS Pension Plan members shall file such application for disability retirement with the Division on Form FR‑13 (Rev. 07/06), 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 (Rev. 07/06), 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), 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), Teachers’ Retirement System Employees’ Retirement Sytem of Florida Application for Disability Retirement, herein adopted by reference.

(2) No change.

(3) 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 or 60S-4.005, 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)(3), 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), Form FR-13 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 Form FR-13 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 Form FR-13 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 Form FR-13 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 Form FR-13 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.

(4) 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 if option 1 or 2 is selected as required by subsection 60S-4.010(9), F.A.C., 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(3)(a), F.A.C., for normal or early retirement, or as provided in paragraph 60S-4.0035(3)(b), F.A.C., for disability retirement.

(c) No changes.

(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 Specific Authority 121.031, 121.4501(8)(a) 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,________.

 

60S-4.004 Benefits Payable Upon Normal Retirement.

(1) The maximum normal monthly retirement benefit for a member who retires with creditable service only under the Florida Retirement System shall be calculated by multiplying the years of service times the percentage value per year of service times the average final compensation, and dividing the product by 12, as follows:

(a) For a member who has creditable service only as a Regular Class regular member:

Normal Monthly Benefit =

A × B × AFC

12

 

Where:

A is –

1.60% at age 62

1.63% at age 63

1.65% at age 64

1.68% at age 65

or over, not to exceed 1.68% Or

1.60% with 30 years of creditable service

1.63% with 31 years of creditable service

1.65% with 32 years of creditable service

1.68% with 33 years of creditable service or more, not to exceed 1.68%

B is – The sum of all complete years and fractions of a year of creditable Regular Class regular service under the Florida Retirement System.

AFC (Average Final Compensation) is – The average annual compensation of the 5 highest years of compensation of creditable service prior to retirement, termination or death.

Average Final Compensation shall be figured in the following manner:

1. Identify the total salary paid for each July 1 through June 30 fiscal year.

2. Rank the fiscal years of salary in order from the highest annual salary to the lowest annual salary. In order to determine the annual salary for ranking purposes only, during a year for which a member receives less than a full year of creditable service, divide the actual salary received by the percentage of a year of creditable service earned for that year.

3. Total the actual salary received for the highest 5 years. If the highest 5 fiscal years do not constitute 5 complete years of creditable service, add the necessary percentage of the next highest fiscal years’ salaries to complete 5 years of creditable service.

4. The average final compensation shall be the annual average of the total obtained in 3.

(b) For a member who has creditable service only as a Special Risk Class special risk member:

Normal Monthly Benefit =

(Product of Ai × Bi ) × AFC,						as i varies from 1 to 6
		12

 

Where Ai corresponds to Bi as follows:

A1 is – 2% at any age.

B1 is – The sum of all complete years and fractions of a year of creditable Special Risk Class special risk service under the Florida Retirement System prior to October 1, 1974 and all creditable Special Risk Class special risk service performed October 1, 1978 through December 31, 1988.

A2 is – 3% at any age.

B2 is – The sum of all complete years and fractions of a year of creditable Special Risk Class special risk service under the Florida Retirement System October 1, 1974 through September 30, 1978 and all creditable Special Risk Class special risk service performed on and after January 1, 1993; and for Special Risk Class members who retire on or after July 1, 2000, all creditable Special Risk Class special risk service performed on and after October 1, 1974.

A3 is – 2.2% at any age.

B3 is – The sum of the complete year or fraction of the year of creditable Special Risk Class special risk service under the Florida Retirement System January 1, 1989 through December 31, 1989.

A4 is – 2.4% at any age.

B4 is – The sum of the complete year or fraction of the year of creditable Special Risk Class special risk service under the Florida Retirement System January 1, 1990 through December 31, 1990.

A5 is – 2.6% at any age.

B5 is – The sum of the complete year or fraction of the year of creditable Special Risk Class special risk service under the Florida Retirement System January 1, 1991 through December 31, 1991.

A6 is – 2.8% at any age.

B6 is – The sum of the complete year or fraction of the year of creditable Special Risk Class special risk service under the Florida Retirement System January 1, 1992 through December 31, 1992.

AFC (Average Final Compensation) is – Computed the same as in paragraph 60S-4.004(1)(a), F.A.C.

(c) For a member who has creditable service only as an Elected Officer member:

Normal Monthly Benefit =

(A × B) + (A1× B1) × AFC
12

 

Where:

A is – 31/3% for all service in the Elected Officers’ Class as a supreme court justice, district court of appeal judge, circuit court judge, or a county court judge, and all service as judge of a court of record, judge of a civil or criminal court of record, judge of any metropolitan court established pursuant to section 6, Article VIII of the State Constitution, judge of a small claims court, or justice of the peace, for which additional credit in the Elected Officers’ Class has been purchased by a member of that class who is or was a justice or judge.

B is – The sum of all complete years and fractions of a year of creditable service having the value of 31/3%.

A1 is – 3% for all service in the Elected Officers’ Class other than that service represented by the alphabetic designation of A.

B1 is – The sum of all complete years and fractions of a year of creditable service having the value of 3%.

AFC (Average Final Compensation) – is computed the same as in paragraph 60S-4.004(1)(a), F.A.C. If a member receives compensation as a member of the Elected Officers’ Class and at the same time receives compensation for employment in some other position covered by the Florida Retirement System, only the salary received as a member of the Elected Officers’ Class shall be used in the calculation of his or her average final compensation. If a member has received credit for upgraded previous Elected Officers’ Class service as provided in Rule 60S-2.013, F.A.C., and the upgraded service salary is greater than his or her actual salary, the upgraded service salary shall be used in the calculation of his or her average final compensation.

(d) For a member who has creditable service only as a senior management service member:

Normal Monthly Benefit =

A × B × AFC

12

 

Where:

A is – 2.00% at any age.

B is – The sum of all complete years and fractions of a year of creditable service in the Senior Management Service Class on and after February 1, 1987.

AFC (Average Final Compensation) is – Computed the same as in paragraph 60S-4.004(1)(a), F.A.C.

(e) No change.

(2) The normal monthly retirement benefit for a member who retires with creditable service under the Florida Retirement System and the State and County Officers and Employees’ Retirement System, the Judicial Retirement System, the Teachers’ Retirement System, or the Highway Patrol Pension System shall be the sum of the normal monthly benefit for his or her creditable service under the Florida Retirement System as calculated in accordance with subsection 60S-4.004(1), F.A.C., and the normal monthly benefit the member would have been eligible to receive for his or her creditable service under any of the other-named retirement systems, calculated as follows:

(a) A member with creditable service under the Florida Retirement System and Plan A of the State and County Officers and Employees’ Retirement System:

Normal Monthly Benefit =

(A × B × AFC) + (A1 × B1 × AFC)
12

 

Where:

A and B are – The same as in subsection 60S-4.004(1), F.A.C.

A1 is – 2%

B1 is – The sum of all complete years and fractions of a year of creditable service under Plan A.

AFC is – The same average as calculated in paragraph 60S-4.004(1)(a), F.A.C.

(b) A member with creditable service under the Florida Retirement System and Plan B of the State and County Officers and Employees’ Retirement System:

Normal Monthly Benefit =

(A × B × AFC) + (A2 × B2 × AFC)

12

 

Where:

A and B are – The same as in subsection 60S-4.004(1), F.A.C.

A2 is – 1.50%

B2 is – The sum of all complete years and fractions of a year of creditable service under Plan B and by Metro Dade County employees employed on or after July 1, 1969.

AFC is – The same average as calculated in paragraph 60S-4.004(1)(a), F.A.C.

(c) A member with creditable service under the Florida Retirement System and the Judicial Retirement System:

Normal Monthly Benefit =

(A × B × AFC) + (A3 × B3 × AFC)	plus	(A4 × B4 × AFC) + (A5 × B5 × AFC)
12		12

 

Where:

A and B are – The same as in subsection 60S-4.004(1), F.A.C.

A3 is – 3.33%

B3 is – The sum of all complete years and fractions of a year of creditable service as a justice or judge, except service as a supreme court justice, if the justice was in office on July 1, 1957.

A4 is – 5%

B4 is – The sum of all complete years and fractions of a year of creditable service as a supreme court justice if in office on July 1, 1957.

A5 is – 2%

B5 is – The sum of all complete years and fractions of a year of creditable service not as a justice or judge, and which the member was eligible to claim prior to transferring to the Florida Retirement System.

AFC is – The same average as calculated in subsection 60S-4.004(1), F.A.C.

(d) A member with creditable service under the Florida Retirement System and Plan E of the Teachers’ Retirement System:

Normal Monthly Benefit =

(A × B × AFC) + (A6 × B6 × AFC)

12

 

Where:

A and B are – The same as in subsection 60S-4.004(1), F.A.C.

A6 is – 2%

B6 is – The sum of all complete years and fractions of a year of creditable service under Plan E of the Teachers’ Retirement System:

AFC is – The same average as calculated in subsection 60S-4.004(1), F.A.C.

(e) A member with creditable service under the Florida Retirement System and the Highway Patrol Pension System:

Normal Monthly Benefit =

(A × B × AFC) + (A7 × B7 × AFC)	plus	(A8 × B8 × AFC)
12		12

 

Where:

A7 is – 2.50% for creditable service under the Highway Patrol Pension System not to exceed 20 years of credit, if the member was employed on or before June 30, 1953.

B7 is – The sum of all complete years and fractions of a year of creditable service under the Highway Patrol Pension System not to exceed 20 years, if the member was employed on or before June 30, 1953.

A8 is – 2%

B8 is – The sum of all complete years and fractions of a year of creditable service under the Highway Patrol Pension System not valued at 2.50%.

AFC is – The same average as calculated in subsection 60S-4.004(1), F.A.C.

(f) No change.

(g) The normal retirement benefit for a member of the State and County Officers’ and Employees’ Retirement System shall be calculated in accordance with the provisions of chapter 122, F.S., and the normal retirement benefit for a member of the Teachers’ Retirement System shall be calculated in accordance with the provisions of Chapter 238, F.S.

Rulemaking Specific Authority 121.031 FS. Law Implemented 121.021, 121.052, 121.055, 121.091(1) FS. History–New 1-1-72, Amended 10-20-72, 12-31-74, 7-1-79, 2-6-84, 4-17-85, Formerly 22B-4.04, Amended 1-12-87, 2-7-89, 9-5-90, 5-15-91, Formerly 22B-4.004, Amended 8-13-03,________.

 

60S-4.005 Benefits Payable Upon Early Retirement.

(1)(a) Upon proper application to the Administrator, an FRS Pension Plan member may receive an early retirement benefit if he or she has satisfied the service requirements for vesting as provided in paragraph 60S-4.003(1)(b), F.A.C., but he or she has not reached his or her normal retirement age.

(b)1. Upon proper application to the Administrator, a State and County Officers’ and Employees’ Retirement System member other than a high hazard member may receive an early retirement benefit if he or she has satisfied the requirements of Section 122.08(2), F.S., but he or she has not reached the age and service requirements for normal retirement as provided in Section 122.08(1), F.S.

2. Upon proper application to the Administrator, a State and County Officers’ and Employees’ Retirement System high hazard member may receive an early retirement benefit if he or she has satisfied the requirements of Section 122.34(4), F.S., but he or she has not reached the age and service requirements for normal retirement as provided in Section 122.34(3), F.S.

(c) Upon proper application to the Administrator, a Teachers’ Retirement System member may receive an early retirement benefit if he or she has satisfied the requirements of Section 238.07(2)(e)2., F.S., but he or she has not reached the age and service requirements for normal retirement as provided in Section 238.07(2)(e)1., F.S.

(2)(a) The maximum early retirement benefit for FRS Pension Plan a member shall be calculated as follows:

1.(a) Compute the normal benefit in accordance with Rule 60S-4.004, F.A.C.

2.(b) This normal retirement benefit is multiplied by the applicable early retirement factor found in the Early Retirement Factors table in Rule 60S-7.003, F.A.C., to determine the maximum early retirement benefit. The early retirement factor shall be selected by determining the number of complete months that the member’s early retirement date precedes his or her normal retirement age of 62 for a Regular Class regular member, Elected Officers’ Class elected state officer member or Senior Management Service Class senior management service member, and age 55 for a Special Risk Class special risk member.

3.(c) Notwithstanding the above, if the employment of a member is terminated by reason of death after the completion of 20 years of creditable service, the monthly benefit payable to the member’s beneficiary shall be calculated in accordance with Rule 60S-4.004, F.A.C., but based on average monthly compensation and creditable service as of the date of death. The benefit computed shall be reduced by five-twelfths of 1 percent of each complete month by which death precedes the normal retirement age or the date on which the member would have attained 30 years of creditable service had he or she survived and continued his or her employment, whichever provides a higher benefit. This paragraph shall not apply to a member who dies after he or she has terminated employment.

(b) The maximum early retirement benefit for a member of the State and County Officers’ and Employees’ Retirement System shall be calculated as follows:

1. Compute the normal benefit in accordance with Rule 60S-4.004, F.A.C.

2. This normal retirement benefit is multiplied by the applicable early retirement factor found in the Early Retirement Factors table in Rule 60S-7.003, F.A.C., to determine the maximum early retirement benefit. The early retirement factor shall be selected by determining the number of complete months that the member’s early retirement date precedes his or her normal retirement date as provided in Section 122.08, F.S., for a non high hazard member and in Section 122.34, F.S. for a high hazard member.

(c) The maximum early retirement benefit for a member of the Teachers’ Retirement System shall be calculated as follows:

1. Compute the normal benefit in accordance with Rule 60S-4.004, F.A.C.

2. This normal retirement benefit is multiplied by the applicable early retirement factor found in the Early Retirement Factors table in Rule 60S-7.003, F.A.C., to determine the maximum early retirement benefit. The early retirement factor shall be selected by determining the number of complete months that the member’s early retirement date precedes his or her normal retirement date as provided in Section 238.07, F.S.

Rulemaking Specific Authority 121.031, 121.052(7) FS. Law Implemented 121.021(30), 121.091(3), 121.052(5), 121.055 FS. History–New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Amended 8-26-81, Formerly 22B-4.05, Amended 1-12-87, Formerly 22B-4.005, Amended 12-12-96, 8-13-03,________.

 

60S-4.006 Benefits Based on Dual Retirement Ages.

(1) Upon proper application to the Division, an FRS Pension Plan a member who has creditable service as a Regular Class regular, Elected Officers’ Class, or Senior Management Service Class senior management service member, and as a Special Risk Class special risk member shall be eligible to receive benefits in accordance with this section.

(2) An FRS Pension Plan A member shall be eligible to receive a benefit based on dual retirement ages equal to the normal benefit for his or her Regular Class regular, Elected Officers’ Class, or Senior Management Service Class senior management service as calculated in accordance with paragraphs 60S-4.004(1)(a), (c) or (d), F.A.C., and the normal benefit for his or her Special Risk Class special risk service as calculated in accordance with paragraph 60S-4.004(1)(b), F.A.C., if he or she has satisfied the service requirements for vesting as provided in paragraph 60S-4.003(1)(b), F.A.C., and has attained normal retirement age as follows:

(a) He or she has reached age 62; or

(b) He or she has completed 30 years of creditable service, regardless of age.

(3) An FRS Pension Plan A member shall be eligible to receive a benefit based on dual retirement ages equal to the sum of the early benefit for his or her Regular Class regular, Elected Officers’ Class, or Senior Management Service Class special management service as calculated in accordance with Rule 60S-4.005, F.A.C., and the normal benefit for his or her Special Risk Class special risk service as calculated in accordance with paragraph 60S-4.004(1)(b), F.A.C., if he or she has satisfied the service requirements for vesting as provided in paragraph 60S-4.003(1)(b), F.A.C., and has not attained normal retirement age as listed in paragraphs 60S-4.006(2)(a) and (b), F.A.C., but has attained normal Special Risk Class special risk retirement age as follows:

(a) He or she has reached age 55; or

(b) He or she has completed 25 years of creditable service that includes credit for military service, and has reached age 52; or

(c) He or she has completed 25 years of creditable service, regardless of age.

(4) A member shall be eligible to receive a benefit based on dual retirement ages equal to the sum of the early retirement benefit for his or her Regular Class regular, Elected Officers’ Class, or Senior Management Service Class senior management service as calculated in accordance with Rule 60S-4.005, F.A.C., and the early retirement benefit for his or her Special Risk Class special risk service as calculated in accordance with Rule 60S-4.005, F.A.C., if he or she has satisfied the service requirements for vesting as provided in paragraph 60S-4.003(1)(b), F.A.C., and he or she has not attained normal Special Risk Class special risk retirement age as listed in paragraphs 60S-4.006(3)(a), (b) and (c), F.A.C.

Rulemaking Specific Authority 121.031, 121.052(7) FS. Law Implemented 121.021, 121.052(5), 121.055,121.091(2) FS. History– New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Amended 7-1-79, Formerly 22B-4.06, Amended 1-12-87, Formerly 22B-4.006, Amended 1-25-94, 8-13-03,________.

 

60S-4.007 Benefits Payable for Disability Retirement.

(1) A member of the Pension Plan or a participant of the Investment Plan shall be eligible to apply for a disability benefit in accordance with Section 121.091(4), F.S., provided:

(a) through (b) No change.

(c) The member has creditable service as follows:

1. through 4. No change.

5. The member was employed on July 1, 1980, had completed less than 5 years of creditable service on that date, but has since completed a total of 5 years creditable service and provides proof that he or she has not attained a fully insured status for benefits under the federal Social Security Act; and

(d) The member’s eligibility to apply is verified by the Administrator upon the receipt of the disability retirement application; Form FR-13, for FRS Pension Plan members and Form PR-13, for FRS Investment Plan members as adopted in paragraph 60S-4.003 (1)(c), Rule 60S-9.001, F.A.C., according to the following:

1. If the Administrator determines that the member has satisfied the eligibility requirements, the Administrator will then consider the member’s total and permanent disability claim (Form FR-13 for FRS Pension Plan members or Form PR-13 for FRS Investment Plan members) as provided in paragraphs 60S-4.007(2)(b) and (d), F.A.C.

2. Should the Administrator determine that the member has failed to satisfy such eligibility requirements, the member shall be notified by certified mail with return receipt requested. If the member disagrees with the determination, he or she may petition in writing the State Retirement Commission Division of Retirement for an administrative hearing pursuant to Sections 120.569 and 120.57(1) Chapter 120, F.S. If no petition is filed within 21 calendar days of receipt of the certified letter, the determination will become final.

(2) An FRS A member who is eligible in accordance with subsection 60S-4.007(1), F.A.C., shall receive a disability benefit provided:

(a) The member is totally and permanently disabled by reason of a medically determinable physical or mental impairment which prevents him or her from rendering useful and efficient service as an officer or employee. The unavailability of an employment position that the member is physically and mentally capable of performing shall not be a factor in such determination of total and permanent disability. The member shall be considered disabled in the line-of-duty if his or her injury or illness arose out of and in the actual performance of duty required by the member’s employment. Documentation must show that:

1. The member’s medical condition occurred or became symptomatic during the time the member was employed in an employee/employer relationship with his or her employer; and

2. The member was totally and permanently disabled at the time he or she terminated his or her covered employment; and

3. The member was not employed with any other employer after such termination; and

4. If the application is for in-line-of-duty disability, the disability must have been caused or aggravated by a job-related illness or accident which occurred while the member was in an employee/employer relationship with his or her employer; and

(b) The member makes proper application in accordance with Rule 60S-4.0035, F.A.C., and submits the following to the Division which must include documentation attesting to the criteria in paragraph (a):

1. Application for Disability Retirement (Form FR-13 to be completed by the member);

a. An FRS Pension Plan member shall submit application on Form FR-13, Florida Retirement System Pension Plan Application for Disability Retirement, adopted in Rule 60S-4.0035, F.A.C.;

b. An FRS Investment Plan member shall submit application on Form PR-13, Florida Retirement System Investment Plan Application for Disability Retirement, adopted in Rule 60S-4.0035, F.A.C.;

2. Statement of Disability by Employer, (Form FR-13a) (Rev. 07/06), Florida Retirement System Statement of Disability by Employer, herein adopted by reference; adopted in Rule 60S-9.001, F.A.C., to be completed by the member’s employer;

3. Two Physician’s Reports (Form FR-13b) adopted in Rule 60S-9.001, F.A.C., to be completed by two Florida licensed physicians as follows: and

a. Such reports shall be completed and submitted to the Division on Form FR-13b (Rev. 06/06) Florida Retirement System Physician's Report, herein adopted by reference.

b. Effective July 1, 2005, a member employed in a Florida Retirement System (FRS)-covered position who is permanently assigned by his or her FRS employer to work outside the State of Florida, but within the United States, may have the FR-13b forms completed by two licensed physicians of the state of work assignment;

4. Any other evidence of disability requested by the Administrator which may include reports from vocational rehabilitation, evaluation, or testing specialists who have evaluated the applicant for employment; and

(c) The member terminates all employment; and

(d) The Administrator approves the member’s application for regular disability or in-line-of-duty disability according to the following:

1. Upon receipt of the completed application and all required documents as provided in paragraph 60S-4.007(2)(b), F.A.C., (Forms FR-13, FR-13a and FR-13b) the Administrator shall determine if the member is totally and permanently disabled by reason of a medically determinable physical or mental impairment which prevents him or her from rendering useful and efficient service as an officer or employee. If the member has applied for in-line-of-duty disability, the Administrator will also determine if the member’s injury or illness arose out of and in the actual performance of duty required by the member’s employment.

2. Any firefighter, paramedic, emergency medical technician, law enforcement officer or correctional officer who is approved for disability retirement due to hepatitis, meningococcal meningitis, or tuberculosis, is presumed to be disabled in the line of duty, unless the contrary is shown by competent evidence, provided:

a. The member, after diagnosis of hepatitis, meningococcal meningitis, or tuberculosis, verifies by written affidavit that he or she was not exposed, outside the scope of his or her employment, to such diseases, as provided in paragraphs 112.181(2)(a), (b) and (c), F.S.; and

b. The member, prior to diagnosis, undergoes immunization or prophylaxis for the prevention of hepatitis, meningococcal meningitis, or tuberculosis, when such immunization or prophylaxis exists and where medically indicated, and unless the member is advised by his or her doctor in writing that immunization or prophylaxis would pose a significant risk to his or her health, as provided in subsection 112.181(3), F.S.; and

c. through d. No change.

3. No change.

4. The member shall be notified of the Administrator’s approval as follows:

a. If the Administrator approves the member’s application for regular disability or in-line-of-duty disability benefits the member shall be notified and shall receive benefits as provided in subsection 60S-4.007(5), F.A.C.

b. For a member who has applied for in-line-of-duty disability benefits, if the Administrator determines that the member is totally and permanently disabled but that such member’s illness or injury did not arise out of and in the actual performance of duty required by the member’s employment, the Administrator shall notify the member that his or her application for in-line-of-duty disability benefits is denied but that, if eligible, such member shall receive regular disability benefits as provided in paragraph 60S-4.007(5)(b), F.A.C. If such member chooses to appeal the Administrator’s denial of in-line-of-duty disability benefits as provided in subsection 60S-4.007(3), F.A.C., the member may choose to begin receiving the regular disability benefits while appealing such denial.

(3) Should the Administrator determine that a member has failed to demonstrate total and permanent regular disability or in-line-of-duty disability, as provided in paragraph 60S-4.007(2)(a), F.A.C., the following procedure shall be followed:

(a) The member shall be notified by certified mail with return receipt requested. The notice shall include a summary of the factual, legal and policy grounds for the Administrator’s intended decision. A copy of the notice shall be sent to the member’s employer.

(b) When a member receives notice that the Administrator intends to deny his or her application, he or she shall have 21 calendar days to present written evidence to the Administrator in opposition to the intended action or written objections challenging the grounds upon which the Administrator has based his or her intended decision.

(c) If the Administrator overrules the objections of the member, he or she shall within 21 calendar days provide a written explanation to the member by certified mail with return receipt requested, giving the reasons for his or her decision and advising the member of his or her right of appeal under the law. A copy of this final decision on the merits shall be sent to the member’s employer.

(d) If the member does not accept the Administrator’s final decision on the merits, the member may request in writing a hearing on his or her disability claim before the State Retirement Commission pursuant to Section 120.57(1), F.S. Such request shall be made within 21 calendar days from the date the member receives notice of the Administrator’s final decision. If the State Retirement Commission’s decision upholds the member’s request for disability retirement benefits, the Commission may include in the retirement order an amount for reasonable attorney’s fees and taxable costs. The amount of the attorney’s fee shall be determined by the commission and shall not exceed 50 percent of the initial yearly benefit awarded to the member. The taxable costs shall be calculated in accordance with the statewide uniform guidelines for taxation of costs in civil actions.

(e) through (f) No change.

(g) A member whose application for regular disability retirement has been denied may, if eligible, elect to receive normal or early service retirement benefits after he or she has filed an appeal to the State Retirement Commission and is awaiting the decision on the appeal. If the member elects to receive service retirement benefits and disability benefits are later approved as a result of the appeal, the payment option chosen by the member cannot be changed. If the member elects to receive early service retirement and the appeal is later denied, the member cannot change his or her election of early retirement. Before beginning to receive regular or early retirement benefits, the member must complete and submit Form SRA-1 (Rev. 12/04), Florida Retirement System Pension Plan Service Retirement Agreement, herein adopted by reference, to the Division attesting to the fact provide to the Division a statement that he or she understands that he or she cannot make such changes after he or she begins receiving the benefits.

(4) A member, whose initial application for disability retirement has been denied, may reapply for disability benefits; however, such member’s reapplication will be considered only if the member presents new medical evidence of a medical condition that existed prior to the member’s termination of employment.

(a) To reapply, the FRS member shall submit to the Division:

1. A new Application for Disability Retirement as provided in paragraph 60S-4.0035(1)(c), F.A.C. (Form FR-13). The member’s effective retirement date shall be established as provided in paragraph 60S-4.0035(3)(b), F.A.C., based on the date of receipt of the new application; and

2. A new Statement of Disability by Employer as provided in subparagraph 60S-4.007(3)(b)2., F.A.C., (Form FR-13a), only if an employee/employer relationship has existed since the date of the initial disapproval; and

3. Two new Physician’s Reports (Form FR-13b) completed as provided subparagraph 60S-4.007(3)(b)3., F.A.C. by two Florida licensed physicians. The application will be considered only if the physician certifies the following:

a. The member’s medical condition occurred or became symptomatic during the time the member was employed in an employee/employer relationship with his or her employer; and

b. The member was totally and permanently disabled at the time he or she terminated his or her covered employment, and he or she has not been employed with any other employer after such termination; and

c. If the application is for in-line-of-duty disability, the disability was caused or aggravated by a job-related illness or accident which occurred while the member was in an employee/employer relationship with his or her employer.

(b) The reapplication for disability retirement will be reviewed to determine if the information had not been previously available or if new information from the previous physicians has been submitted, as follows:

1. If no new medical information is received, the reapplication for disability retirement will be disapproved as provided in subsection 60S-4.007(3), F.A.C., and the member will be advised of his or her right to an Administrative Hearing under Chapter 120, F.S.

2. If new medical information is received, the same review and approval or disapproval process will be followed as for an initial application as provided in subsection 60S-4.007(2), F.A.C. If the reapplication is disapproved, and regardless of whether the member appealed the initial disapproval decision to the State Retirement Commission, the member may request a hearing before the State Retirement Commission under Section 120.57(1), F.S., as provided in subsection 60S-4.007(3), F.A.C.

(5) An FRS member who has received approval from the Administrator shall receive benefits in accordance with the following:

(a) The FRS member approved for in-line-of-duty disability may elect to receive:

1. A monthly benefit computed in the same manner as for a normal retirement benefit under Option 1 in subsection 60S-4.010(1), F.A.C., as if the member had reached normal retirement age, but based on his or her average final compensation and creditable service as of his or her disability retirement date, except that, if this produces a benefit which is less than 42 percent of his or her average monthly compensation as of his or her disability retirement date, he or she shall receive a benefit equal to 42 percent of his or her average monthly compensation, except that a Special Risk Class member who retires on or after July 1, 2000, shall receive a benefit equal to at least 65 percent of his or her average monthly compensation; or

2. A monthly benefit computed in the same manner as for a normal retirement benefit under Options 2, 3 or 4 as provided in paragraphs 60S-4.010(1)(b), (c) and (d), F.A.C. The benefit payable shall be the actuarial equivalent of the disability benefit as described in subparagraph 1. above to which the member would otherwise be entitled.

(b) The FRS member approved for regular disability may elect to receive:

1. A monthly benefit computed in the same manner as for a normal retirement benefit under Option 1 in subsection 60S-4.010(1), F.A.C., as if the member had reached normal retirement age, but based on his or her average final compensation and creditable service as of his or her disability retirement date, except that if this produces a benefit which is less than 25 percent of his or her average monthly compensation as of his or her disability retirement date, he or she shall receive a benefit equal to 25 percent of his or her average monthly compensation; or

2. A monthly benefit computed in the same manner as for a normal retirement benefit under Options 2, 3 or 4 as provided in paragraphs 60S-4.010(1)(b), (c) and (d), F.A.C. The benefit payable shall be the actuarial equivalent of the disability benefit as described in subparagraph 1. above to which the member would otherwise be entitled.

3. The FRS Pension Plan member shall make his or her option selection as prescribed in subsection 60S-4.010(1), F.A.C. A married member who selects option 1 under paragraph (a) or option 2 under paragraph (b) shall notify his or her spouse of such option selection, and the spouse shall acknowledge any such option selection in accordance with subsection 60S-4.010(9), F.A.C.

4. The FRS Investment Plan member shall make his or her option selection on Form PR-11o (Rev. 02/10), Florida Retirement System Investment Plan Option Selection for Disability Retirement, herein adopted by reference, which also requires such member to attest to his or her marital status on Form SA-2 (02/10), Florida Retirement System Investment Plan Spousal Acknowledgment Form for Disability Retirement, herein adopted by reference. A married member who selects option 1 under paragraph (a) or option 2 under paragraph (b) shall notify his or her spouse of such option selection, and the spouse shall acknowledge any such option selection on the SA-2 form.

(6) No change.

(7) Nonadmissible causes of disability shall be as follows:

(a) A member shall not be entitled to receive any disability retirement benefit other than a refund of his or her contributions if his or her disability is a result of any of the following:

1. Injury or disease sustained by a member who is convicted of willfully participating in riots, civil insurrections, or other acts of violence while committing a felony;

2. Injury or disease sustained by the member after his or her employment has terminated; or

3. Intentional self-inflicted injury.

(b) A member shall not be entitled to receive in-line-of-duty disability benefits when the disability results from drug or alcohol abuse except when the member is expected to use alcohol in the course of official undercover law enforcement work and such use clearly results in his or her disability.

(8) A member who retires under disability, subsequently recovers, and does not reenter covered employment shall notify the Division immediately to have his or her disability benefits discontinued and shall be subject to the following provisions:

(a) If he or she was not vested as of his or her disability retirement date, he or she shall be entitled to the excess, if any, of his or her accumulated contributions over the total disability benefits received up to his or her date of recovery.

(b) If he or she was vested as of his or her disability retirement date, he or she may elect to receive:

1. The excess, if any, of his or her accumulated contributions over the total disability benefits received up to his or her date of recovery; or

2. If the member has not reached normal retirement age at the time of recovery, he or she may receive a monthly benefit at the time he or she reaches normal retirement age, calculated in accordance with Rule 60S-4.004, F.A.C., based on his or her average final compensation and creditable service as of his or her disability retirement date.

3. If the member has not reached normal retirement age at the time of recovery, he or she may receive an early retirement benefit calculated as provided in Rule 60S-4.005, F.A.C., based on his or her average final compensation and creditable service as of his or her disability retirement date.

4. If the member has reached normal retirement age at the time of recovery, he or she may receive a normal retirement benefit as calculated in accordance with Rule 60S-4.004, F.A.C., based on his or her average final compensation and creditable service as of his or her disability retirement date.

(9) An FRS member who retires under disability, subsequently recovers and reenters covered employment shall notify the Division immediately to have his or her disability benefits discontinued and shall be subject to the following provisions:

(a) If he or she reenters covered employment within 6 months after his or her recovery, his or her service will be considered to have been continuous, but the period beginning with his or her disability retirement date and ending with the date he or she reenters employment will not be counted as creditable service for the purpose of computing benefits, except as provided in paragraphs 60S-4.007(9)(8)(b) and (c), F.A.C.

(b) He or she shall notify the Division immediately upon reemployment. Any employer who employs a disability retiree who is receiving disability benefits shall notify the Division upon employment of such member, and the Division shall terminate such member’s disability benefits effective the first day of the month following the month in which notification of recovery is received. If the member is reemployed with a Florida Retirement System employer at the time of benefit termination and he or she has received disability retirement benefit and salary payments concurrently prior to notifying the Division, he or she may elect within 30 days to:

1. Retain the retirement benefits received prior to termination of disability benefits and begin receiving retirement service credit effective the date of termination of benefits, or

2. Repay within 12 months of his or her decision to receive service credit, the retirement benefits received for each month of reemployment prior to termination of disability benefits and begin receiving retirement service credit effective the date of reemployment. Any such unpaid benefits shall have compound interest of 6.5 percent added June 30.

3. No member shall receive both retirement service credit for employment, and retirement benefits for the same month.

(c) If he or she is continuously reemployed in a regularly established position for a minimum of one work year he or she may claim as creditable service the months during which he or she received a disability benefit as provided in Rule 60S-2.018, F.A.C.

(10) The Division of Retirement may conduct periodic reexaminations of FRS members who have been granted either regular or in-line-of-duty disability under the provisions of Chapter 121, F.S., to determine whether or not such members continue to meet the disability criteria applicable in their cases. The following procedures shall govern disability reexamination cases:

(a) The Division will mail the member the following forms which are to be completed by the member and his or her physician and returned to the Disability Determination Section of the Division within 60 days, unless an extension of time is requested and approved by the Division:

1. Form FR-13e (Rev. 07/06), “Florida Retirement System Retiree’s Report of Continuing Disability” herein adopted by reference; and

2. Form FR-13f (Rev. 07/06), “Florida Retirement System FRS Physician’s Report of Reexamination” herein adopted by reference.

in Rule 60S-9.001, F.A.C. Such forms should be completed by the member and his physician and returned to the Disability Determination Section within 60 days, unless an extension of time is requested and approved by the Division.

(b) through (c) No change.

(d) Based on the information obtained pursuant to the provisions of paragraphs (a) and (b), if the Administrator finds the member is no longer disabled and is employable under the criteria used to determine his or her original disability, the member will be notified by certified mail of the initial findings and conclusions and that the Administrator intends to discontinue his or her disability retirement benefit. The notice shall include a summary of the factual, legal and policy grounds for the intended decision.

(e) When a member receives notice that the Administrator intends to discontinue his or her disability retirement benefits, he or she shall have 21 calendar days to present written evidence in opposition to the intended action or written objections challenging the grounds upon which the Administrator has based his or her intended decision. The member may submit additional evidence or a written statement for reconsideration of the Division’s denial of benefits and his or her retirement benefit will continue subject to reconsideration.

(f) After reconsideration of the member’s file, including any additional evidence or written statement submitted by the member or obtained by the Division, the Administrator shall within 21 calendar days provide a written final decision on the merits to the member by certified mail if the member was found not to be disabled or by regular mail if the member was found to be disabled. Such written final decision shall give giving the reasons for the decision and will notify the member that his or her benefits will continue if he or she is found to be disabled or will terminate effective the first day of the following month if he or she is found to be not disabled.

(g) through (i) No change.

(11) An FRS member who has completed the vesting requirements as provided in paragraph 60S-4.003(1)(b), F.A.C., with service as a justice of the supreme court, judge of a district court of appeals, circuit judge, judge of a county court, or as an elected constitutional Judicial Officer, including service as a Judicial Officer in any court abolished pursuant to Article V of the State Constitution and who is retired for disability by order of the supreme court upon recommendation of the Judicial Qualifications Commission pursuant to the provisions of Article V, State Constitution, shall:

(a) Receive an Option 1 monthly benefit as provided in paragraph 60S-4.010(1)(a), F.A.C., that shall be not less than two-thirds of his or her monthly compensation as of his or her disability retirement date; or he or she may elect to receive a disability retirement benefit under any other option as provided in subparagraph 60S-4.007(5)(4)(b)2., F.A.C.; and

(b) Have all contributions made by him or her or his or her employer in his or her behalf transferred to the General Revenue Fund of the State; and

(c) Have the amount necessary to pay his or her benefits appropriated annually from the General Revenue Fund and paid into the Florida Retirement System Trust Fund.

(12) A member of the State and County Officers’ and Employees’ Retirement System (SCOERS) shall be eligible to apply for a disability benefit in accordance with Chapter 122, F.S., provided:

(a) The member’s eligibility to apply is verified by the Administrator upon the receipt of Form SR-13, State and County Officers’ and Employees’ Retirement System Application for Disability Retirement, as adopted in Rule 60S-4.0035, F.A.C., according to the following:

1. If the Administrator determines that the member has satisfied the eligibility requirements of Chapter 122, F.S., the Administrator will then consider the members’ disability claim (Form SR-13).

2. Should the Administrator determine that the member has failed to satisfy such eligibility requirements, the member shall be notified by certified mail with return receipt requested. If the member disagrees with the determination, he may petition in writing the Division of Retirement for an administrative hearing pursuant to Chapter 120, F.S. If no petition is filed within 21 calendar days of receipt of the certified letter, the determination will become final.

(13) A SCOERS member who is eligible in accordance with subsection 60S-4.007(12), F.A.C., shall receive a disability benefit provided:

(a) The member satisfies the eligibility criteria of Chapter 122, F.S. and provides documentation to substantiate satisfaction of the eligibility criteria; and

(b) The member makes proper application in accordance with Rule 60S-4.0035, F.A.C., and submits the following to the Division which must include documentation attesting to the criteria in paragraph (a):

1. Application for Disability Retirement, Form SR-13, State and County Officers’ and Employees’ Retirement System Application for Disability Retirement, adopted in Rule 60S-4.0035, F.A.C., completed by the member;

2. Statement of Disability by Employer, Form SR-13a (Rev. 09/71), State and County Officers’ and Employees’ Retirement System Statement of Disability by Employer, herein adopted by reference to be completed by the member’s employer;

3. A Physician’s Report, Form SR-13b (Rev. 09/71), State and County Officers’ and Employees’ Retirement System Physician's Report, herein adopted by reference to be completed by a Florida licensed physician;

4. Any other evidence of disability requested by the Administrator which may include reports from vocational rehabilitation, evaluation, or testing specialists who have evaluated the applicant for employment; and

(c) The member terminates all employment; and

(d) Upon receipt of the completed application and all required documents as provided in paragraph 60S-4.007(13)(b), F.A.C., the Administrator shall determine if the member is disabled by reason of a medically determinable physical or mental impairment in accordance with Chapter 122, F.S. If a high hazard member has applied for in-line-of-duty disability, the Administrator will also determine if the member’s injury or illness arose out of and in the actual performance of duty required by the member’s employment.

(e) The member shall be notified of the Administrator’s approval as follows:

1. If the Administrator approves the member’s application for regular disability or in-line-of-duty disability benefits the member shall be notified and shall receive benefits in accordance with Chapter 122, F.S.

2. For a high hazard member who has applied for in-line-of-duty disability benefits, if the Administrator determines that such member’s illness or injury did not arise out of and in the actual performance of duty required by the member’s employment, the Administrator shall notify the member that his or her application for in-line-of-duty disability benefits is denied. Such member may chose to appeal the Administrator’s denial of in-line-of-duty disability benefits as provided in subsection 60S-4.007(3), F.A.C.

(14) The Division of Retirement may conduct periodic reexaminations of members who have been granted either regular or in-line-of-duty disability under the provisions of Chapter 122, F.S., to determine whether or not such members continue to meet the disability criteria applicable in their cases. The following procedures shall govern disability reexamination cases:

(a) The Division will mail the member forms SR-13e (Rev.10/86), State and County Officers’ and Employees’ Retirement System Retiree’s Report of Continuing Disability and SR-13f (Rev. 07/81), State and County Officers’ and Employees’ Retirement System Physician’s Report of Reexamination, herein adopted by reference. Such forms should be completed by the member and his physician and returned to the Disability Determination Section within 60 days, unless an extension of time is requested and approved by the Division.

(b) The Division will review the reports in paragraph (a) and other available sources, such as, but not limited to, Workers’ Compensation and Unemployment Compensation.

(c) If the Division finds the member continues to be disabled under the criteria used to determine the original disability, the member will be notified in writing of the findings and conclusions, and further, that disability benefits will continue to be paid.

(d) Based on the information obtained pursuant to the provisions of paragraphs (a) and (b), if the Administrator finds the member is no longer disabled and is employable under the criteria used to determine his original disability, the member will be notified by certified mail of the initial findings and conclusions and that the Administrator intends to discontinue his or her disability retirement benefit. The notice shall include a summary of the factual, legal and policy grounds for the intended decision.

(e) When a member receives notice that the Administrator intends to discontinue his disability retirement benefits, he or she shall have 21 calendar days to present written evidence in opposition to the intended action or written objections challenging the grounds upon which the Administrator has based his or her intended decision. The member may submit additional evidence or a written statement for reconsideration of the Division’s denial of benefits and his or her retirement benefit will continue subject to reconsideration.

(f) After reconsideration of the member’s file, including any additional evidence or written statement submitted by the member or obtained by the Division, the Administrator shall within 21 calendar days provide a written final decision on the merits to the member by certified mail giving the reasons for the decision and will notify the member that his or her benefits will continue if he or she is found to be disabled or will terminate effective the first day of the following month if he or she is found to be not disabled.

(g) If the member does not accept the Administrator’s final decision on the merits, the member may request in writing, pursuant to Section 121.23, F.S. and Chapter 60R-1, F.A.C., a hearing before the State Retirement Commission pursuant to Section 120.57(1), F.S. Such request shall be filed with the Commission within 21 calendar days from the date the member receives the Administrator’s final decision.

(h) The decisions of the State Retirement Commission on matters brought before it under this section shall be final agency action.

(i) The decisions of the State Retirement Commission shall be reviewable by the District Court of Appeal pursuant to Section 121.23, F.S.

(15) A member of the Teachers’ Retirement System (TRS) shall be eligible to apply for a disability benefit in accordance with Chapter 238, F.S., provided:

(a) The member’s eligibility to apply is verified by the Administrator upon the receipt of Form TR-13, Teachers’ Retirement System Application for Disability Retirement, as adopted in Rule 60S-4.0035, F.A.C., according to the following:

1. If the Administrator determines that the member has satisfied the eligibility requirements of Chapter 238, F.S., the Administrator will then consider the members’ disability claim (Form TR-13).

2. Should the Administrator determine that the member has failed to satisfy such eligibility requirements, the member shall be notified by certified mail with return receipt requested. If the member disagrees with the determination, he or she may petition in writing the Division of Retirement for an administrative hearing pursuant to Chapter 120, F.S. If no petition is filed within 21 calendar days of receipt of the certified letter, the determination will become final.

(16) A member who is eligible in accordance with subsection 60S-4.007(15), F.A.C., shall receive a disability benefit provided:

(a) The member satisfies the eligibility criteria of chapter 238, F.S. and provides documentation to substantiate satisfaction of the eligibility criteria; and

(b) The member makes proper application in accordance with Rule 60S-4.0035, F.A.C., and submits the following to the Division:

1. Application for Disability Retirement, Form TR-13, Teachers’ Retirement System Application for Disability Retirement, adopted in Rule 60S-4.0035, F.A.C., completed by the member;

2. Statement of Disability by Employer, Form TR-13a (Rev. 10/86), Teachers’ Retirement System Statement of Disability by Employer, herein adopted by reference, to be completed by the member’s employer; and

3. A Physician’s Report, Form TR-13b (Rev. 10/86), Teachers’ Retirement System Physician's Report, herein adopted by reference to be completed by a Florida licensed physician; and

4. Documentation attesting to the criteria in paragraph (a); and

5. Any other evidence of disability requested by the Administrator which may include reports from vocational rehabilitation, evaluation, or testing specialists who have evaluated the applicant for employment; and

(c) The member terminates for the type of position the member is presently employed in; and

(d) Upon receipt of the completed application and all required documents as provided in paragraph 60S-4.007(15)(b), F.A.C., the Administrator shall determine if the member is totally and permanently disabled by reason of a medically determinable physical or mental impairment in accordance with Chapter 122, F.S. If the Administrator approves the member’s application for regular disability or in-line-of-duty disability benefits the member shall be notified and shall receive benefits in accordance with Chapter 122, F.S.

(e) If the Administrator denies the member’s application for regular disability or in-line-of-duty disability, such member may chose to appeal the Administrator’s denial as provided in subsection 60S-4.007(3), F.A.C.

(10) The Division of Retirement may conduct periodic reexaminations of members who have been granted disability under the provisions of Chapter 238, F.S., to determine whether or not such members continue to meet the disability criteria applicable in their cases. The following procedures shall govern disability reexamination cases:

(a) The Division will mail the member forms TR-13e (Rev. 02/88), Teachers’ Retirement System Retiree’s Report of Continuing Disability and TR-13f (Rev.07/81), Teachers’ Retirement System Physician’s Report of Reexamination, herein adopted by reference. Such forms should be completed by the member and his or her physician and returned to the Disability Determination Section within 60 days, unless an extension of time is requested and approved by the Division.

(b) The Division will review the reports in subsection (a) and other available sources, such as, but not limited to, Workers’ Compensation and Unemployment Compensation.

(c) If the Division finds the member continues to be disabled under the criteria used to determine the original disability, the member will be notified in writing of the findings and conclusions, and further, that disability benefits will continue to be paid.

(d) Based on the information obtained pursuant to the provisions of subsections (a) and (b), if the Administrator finds the member is no longer disabled and is employable under the criteria used to determine his original disability, the member will be notified by certified mail of the initial findings and conclusions and that the Administrator intends to discontinue his or her disability retirement benefit. The notice shall include a summary of the factual, legal and policy grounds for the intended decision.

(e) When a member receives notice that the Administrator intends to discontinue his disability retirement benefits, he or she shall have 21 calendar days to present written evidence in opposition to the intended action or written objections challenging the grounds upon which the Administrator has based his or her intended decision. The member may submit additional evidence or a written statement for reconsideration of the Division’s denial of benefits and his or her retirement benefit will continue subject to reconsideration.

(f) After reconsideration of the member’s file, including any additional evidence or written statement submitted by the member or obtained by the Division, the Administrator shall within 21 calendar days provide a written final decision on the merits to the member by certified mail giving the reasons for the decision and will notify the member that his or her benefits will continue if he is found to be disabled or will terminate effective the first day of the following month if he or she is found to be not disabled.

(g) If the member does not accept the Administrator’s final decision on the merits, the member may request in writing, pursuant to Section 121.23, F.S. and Rule Chapter 60R-1, F.A.C., a hearing before the State Retirement Commission pursuant to Section 120.57(1), F.S. Such request shall be filed with the Commission within 21 calendar days from the date the member receives the Administrator’s final decision.

(h) The decisions of the State Retirement Commission on matters brought before it under this section shall be final agency action.

(i) The decisions of the State Retirement Commission shall be reviewable by the District Court of Appeal pursuant to Section 121.23, F.S.

Rulemaking Specific Authority 121.031 FS. Law Implemented 112.18, 112.181, 121.021, 121.052(5)(c), 121.055, 121.091(4), 121.23 FS. History–New 1-1-72, Amended 10-20-72, 12-31-74, 11-18-75, 1-16-77, 7-1-79, 8-26-81, 1-19-82, 11-6-84, Formerly 22B-4.07, Amended 2-4-86, 1-12-87, 2-7-89, 11-14-91, Formerly 22B-4.007, Amended 3-18-93, 4-5-95, 12-12-96, 2-24-99, 8-13-03, ________.

 

60S-4.008 Benefits Payable Upon Death.

(1)(a) If the death of an FRS Pension Plan a member occurs, other than in-line-of-duty, prior to the member becoming vested, the member’s designated beneficiary shall receive a refund of the member’s accumulated contributions, except as provided in subsection 60S-2.010(4), F.A.C., and shall make application to the Division for such refund on Form FST-11g (Rev. 03/10), Florida Retirement System Pension Plan Application of Beneficiary for Benefit Payment, herein adopted by reference.

(b) If the death of a State and County Officers’ and Employees’ Retirement System member occurs prior to the member meeting the requirements for retirement under Chapter 122, F.S., other than for a high-hazard member killed in the line of duty as provided in Section 122.34(6), F.S., the member’s designated beneficiary shall only receive a refund of the member’s accumulated contributions as provided in Section 122.12, F.S., and shall make application to the Division for such refund on Form FST-11g, Florida Retirement System Pension Plan Application of Beneficiary for Benefit Payment as adopted in paragraph (a).

(c)1. If the death of a Teachers’ Retirement System member occurs prior to the member obtaining 10 years of creditable service, the member’s designated beneficiary shall receive a refund of the member’s accumulated contributions as provided in Section 238.07, F.S., and shall make application to the Division for such refund on Form FST-11g, Florida Retirement System Pension Plan Application of Beneficiary for Benefit Payment as adopted in paragraph (a).

2. In addition, survivor benefits may be payable in accordance with Section 238.07(18), F.S. Survivors meeting the eligiblity criteria for such benefits as provided in Section 238.07(18), F.S., shall make application to the Division on Form TR-11c (Rev. 12/02), Teachers’ Retirement System Application for Survivor Benefits herein incorporated by reference. An unmarried surviving dependent child of the deceased member over 18 years of age but not over 22 years of age and enrolled as a student in an accredited education institution meeting the eligibility criteria for survivor benefits under Section 238.07(18), F.S., shall also be required to submit the following to the Division for survivor benefit eligibility determination:

a. An acceptance letter from an accredited educational institution or Form SRF-2 (Rev. 07/99), Teachers’ Retirement System Student Report Form, herein adopted by reference, completed by the accredited educational institution; and

b. A completed Form SRF-3 (Rev.07/99), Teachers’ Retirement System Authorization for Release of Information, herein adopted by reference; and

c. A completed Form SVF-2 (Rev 07/99), Teachers’ Retirement System Affidavit Attesting to Eligibility, herein adopted by reference.

(2)(a) If the death of an FRS Pension Plan a member occurs other than in-line-of-duty after he or she has become vested, but prior to his or her effective date of retirement as provided in subsection 60S-4.0035(3), F.A.C., the following shall apply:

1.(a) If the member’s designated beneficiary is not his or her spouse or other dependent who qualifies as a joint annuitant, the Division shall refund the member’s accumulated contributions to the member’s designated beneficiary; or

2.(b) If a member’s designated beneficiary qualifies as joint annuitant (spouse or other dependent) the following shall apply:

a.1. The joint annuitant may elect to receive a refund of the member’s accumulated contributions; or

b.2. The joint annuitant may elect to receive a monthly benefit calculated as if the member had terminated and retired as of his or her date of death (i.e., with benefits payable effective the first of the month following the member’s death) and paid in accordance with Option 3 of paragraph 60S-4.010(1)(c), F.A.C.; or

c.3. The joint annuitant may elect to receive a deferred monthly benefit calculated on the age the member would have attained at the date the benefit commences and the age of the joint annuitant on the date the benefit commences and paid in accordance with Option 3 in paragraph 60S-4.010(1)(c), F.A.C.

d.4. If the member’s joint annuitant dies without having received in benefits an amount equal to the member’s accumulated contributions, the Division shall pay to the joint annuitant’s estate an amount equal to the excess of the member’s accumulated contributions over the total benefits received by the joint annuitant.

(b) If the death of a State and County Officers’ and Employees’ Retirement System member occurs other than for a high hazard member killed in the line of duty, after he or she has met the requirements for retirement under chapter 122, F.S., but prior to his or her effective date of retirement as provided in subsection 60S-4.0035(3), F.A.C., the surviving spouse shall be entitled to receive either the accumulated contributions of such officer or employee at the date of death or the monthly retirement benefit in accordance with Section 122.08(9), F.S.

1. The surviving spouse may make application to the Division for a refund of the accumulated contributions on Form FST-11g, Florida Retirement System Pension Plan Application of Beneficiary for Benefit Payment as adopted in subsection (1); or

2. The surviving spouse may make application to the Division for monthly retirement benefits on Form FST-11b, Florida Retirement System Pension Plan Application of Beneficiary for Monthly Retirement Benefits as adopted in Rule 60S-4.0035, F.A.C.

(c)1. If the death of a Teachers’ Retirement System member occurs after having completed 10 years of creditable, but prior to his or her effective date of retirement as provided in subsection 60S-4.0035(3), F.A.C., the surviving spouse, regardless of the member’s designated beneficiary, may elect to receive an option three monthly retirement benefit as provided in Section 238.08(3), F.S. If the designated beneficiary is the surviving spouse, then the surviving spouse shall have the option of receiving the accumulated contributions of such officer or employee at the date of death in lieu of the option three monthly benefit in accordance with 238.08(3), F.S.

a. The beneficiary may make application to the Division for a refund of the accumulated contributions on Form FST-11g, Florida Retirement System Pension Plan Application of Beneficiary for Benefit Payment as adopted in subsection (1);

b. The surviving spouse may make application for make application to the Division for monthly retirement benefits on Form FST-11b, Florida Retirement System Pension Plan Application of Beneficiary for Monthly Retirement Benefits as adopted in Rule 60S-4.0035, F.A.C.

2. In addition, survivor benefits may be payable to the beneficiaries of a deceased member as provided in Section 238.07(18), F.S., and such beneficiaries shall make application to the Division for these benefits on as provided in subparagraph 60S-4.008(1)(c)2., F.A.C.

(3) If the death of an FRS Pension Plan a member occurs, other than in-line-of-duty, on or after his or her effective date of retirement, as provided in subsection 60S-4.0035(3), F.A.C., but prior to a benefit payment being cashed or deposited, the following shall apply:

(a) If the member’s designated beneficiary is not his or her spouse or other dependent who qualifies as a joint annuitant, any benefits payable shall be paid in accordance with the option selected by the member; or if the member had not yet selected an option, benefits shall be paid as provided in subparagraph 60S-4.010(6)(c)1., F.A.C.

(b) No change.

(4) If an FRS Pension Plan a member is killed in the line of duty the following shall apply:

(a) through (b) No change.

(c) If the member had any children under 18 years of age at the time of his or her death, the surviving spouse shall not be permitted to receive a refund of the member’s contributions in lieu of the benefits provided in paragraph 60S-4.008(4)(a), F.A.C.

(d) through (f) No change.

(5) Upon the death of a retired FRS member, joint annuitant, or beneficiary who is receiving monthly benefits, the benefits will be paid as follows:

(a) The monthly benefit shall be paid through the last day of the month of death and shall terminate, or be adjusted, if applicable, as of such date in accordance with the optional form of retirement benefit selected by the member at his or her date of retirement.

(b) through (c) No change.

(d) If the deceased member’s joint annuitant dies without having received in benefits all remaining accumulated contributions made by the member and not received by the member before his or her death, the Division shall pay to the deceased joint annuitant’s estate an amount equal to the excess of the member’s accumulated contributions over the total benefits received by the member and/or the joint annuitant.

(e) Deductions from monthly benefits for payments to an alternate payee for Qualified Domestic Relations Orders (QDRO) or Income Deduction Orders (IDO) in the month of death shall be paid to the alternate payee. Deductions from monthly benefits for Internal Revenue Service (IRS) levies in the month of death shall be paid to the IRS. Any overpayment (received by the IRS or an alternate payee) in months after the month of the member’s death shall be collected by the Division for repayment to the Florida Retirement System Trust Fund.

(6) If the designated beneficiary of a retirement account under the Florida Retirement System Pension Plan wishes to refuse his or her interest in such account, he or she shall disclaim such interest as provided in Chapter 739 Section 689.21, F.S., as follows:

(a) If there is no designated beneficiary or if all designated beneficiaries are deceased or have disclaimed their interest in the account, the beneficiaries shall be determined as provided in subsection 60S-4.011(2), F.A.C. When a beneficiary disclaims his or her interest in an account, he or she shall be considered to have predeceased the member. The next beneficiary designated by the member or as stated in subsection 60S-4.011(2), F.A.C., as applicable, may then accept or disclaim any interest to which he or she is entitled. A beneficiary cannot disclaim in favor of a particular individual who is not the next designated beneficiary.

(b) Any such beneficiary may disclaim his or her interest in the retirement account of a nonretired member as provided in subsection 60S-4.008(1) and (2), F.A.C., or of a member retired under option 1 or option 2 as provided in subsection 60S-4.009(2) or paragraph 60S-4.010(1)(b), F.A.C., respectively.

(c) Such beneficiary may disclaim his or her interest in such member’s retirement account whether or not the beneficiary is entitled to any monetary benefit from the account (refund or monthly benefit).

(d) If joint beneficiaries are named and only one qualifies as joint annuitant, the nondependent beneficiary may disclaim his or her interest, allowing the remaining joint annuitant to receive the full benefit payable.

(e) Disclaimers must be filed within 24 months after the event that created the interest, that is, the death of the member or annuitant. Such disclaimer must be submitted to the Division on Form DIS-1 (Rev. 03/07), Florida Retirement System Pension Plan Disclaimer of Benefits, if the disclaimer is by a surviving beneficiary; or on Form DIS-2 (Rev. 03/07), Florida Retirement System Pension Plan Disclaimer of Benefits, if the disclaimer is by a surviving child; or on Form DIS-3 (Rev. 03/07), Florida Retirement System Pension Plan Disclaimer of Benefits, if the disclaimer is by a surviving beneficiary and child. All such disclaimer forms are herein adopted by reference.

(7) For the purpose of determining the eligibility of a joint annuitant under paragraphs (2)(b) and (3)(b), for whom financial dependency is required as provided in paragraphs 60S-6.001(36)(34)(b) and (c), F.A.C., the member must have provided at least one-half of the joint annuitant’s total support for the 12 months immediately preceding the member’s death. This determination shall be made by first calculating the joint annuitant’s total support for the period from all sources, as defined in subsection 60S-6.001(66)(61), F.A.C.; and then determining the amount of such support provided by the member. The member’s portion of such support must equal at least one-half of the total amount.

(8) Death shall be presumed to be in the line of duty for the following FRS members that satisfy the requirements of Section 112.18 or 112.181 112.081, F.S., unless the contrary is shown by competent evidence:

(a) through (d) No change.

Rulemaking Specific Authority 121.031 FS. Law Implemented 61.1301, 112.18, 112.181, 121.021(14), 121.052(5), 121.055, 121.091(7) FS. History–New 1-1-72, Amended 10-20-72, 12-31-74, 7-21-75, 8-26-81, Formerly 22B-4.08, Amended 2-6-84, 1-12-87, 2-7-89, 9-5-90, 5-15-91, 11-14-91, Formerly 22B-4.008, Amended 3-18-93, 1-25-94, 8-4-94, 12-12-96, 5-10-99, 8-13-03,________.

 

60S-4.009 Benefits Payable After Termination.

(1) An FRS Pension member whose employment is terminated for any reason other than death or retirement shall be eligible for benefits upon proper application to the Division, subject to the following provisions:

(a) If he or she was not vested at the time of his or her termination he or she shall be entitled to a refund of his or her accumulated contributions; or

(b) If he or she was vested at the time of his or her termination he or she may elect to receive:

1. A refund of his or her accumulated contributions; or

2. A deferred monthly benefit which shall commence on his or her normal or early retirement date based on his or her average final compensation and creditable service as of his or her date of termination and computed in accordance with Rule 60S-4.004, 60S-4.005, or 60S-4.006, F.A.C., and shall receive benefits in accordance with Rule 60S-4.010, F.A.C.

(2) If a retired FRS Pension Plan member has elected to receive the retirement benefit payable to him or her under Option 1 and dies without having received in benefit payments an amount equal to his or her accumulated contributions, his or her designated beneficiary shall be entitled to an amount equal to the excess, if any, of the member’s accumulated contributions over the total benefit payments made to the member prior to his or her date of death.

(3) In order to receive a refund of contributions under the Florida Retirement System, an FRS a member must terminate all employment relationships as provided in the definition of termination in Rule 60S-6.001, F.A.C., and submit a request for refund on (Form FRS-M81 (Rev. 07/01), Florida Retirement System Pension Plan Request for Refund, herein adopted by reference,) to the Administrator through his or her employer, containing a certification by his or her employer of his or her termination of employment. By obtaining a refund of contributions a member waives all rights under the Florida Retirement System to the service credit represented by the refunded contributions, except the right to purchase his or her prior service credit in accordance with Rule 60S-2.004, F.A.C.

(4) A State and County Officers’ and Employees’ Retirement System member whose employment is terminated for any reason other than death or retirement shall be eligible for benefits in accordance with Chapter 122, F.S., upon proper application to the Division.

(5) A Teachers’ Retirement System member whose employment is terminated for any reason other than death or retirement shall be eligible for benefits in accordance with Chapter 238, F.S., upon proper application to the Division.

Rulemaking Specific Authority 121.031, 121.052(7) FS. Law Implemented 121.021, 121.052(5)(c), 121.055, 121.091 FS. History– New 1-1-72, Amended 10-10-72, 12-31-74, 1-16-77, 8-26-81, Formerly 22B-4.09, Amended 1-12-87, 2-7-89, 11-14-91, Formerly 22B-4.009, Amended 8-4-94, 2-24-99,________.

 

60S-4.010 Retirement Benefit Payment Options.

(1) Prior to the receipt of his or her first monthly benefit payment, an FRS Pension Plan member who is eligible for a retirement benefit computed in accordance with Rule 60S-4.004, 60S-4.005, or 60S-4.006, F.A.C., shall select one of the four optional forms of payment of such benefits, as provided in paragraphs (a), (b), (c), or (d), on Form FRS-11o (Rev 01/10), “Florida Retirement System Pension Plan Option Selection for FRS Members”, herein adopted by reference, which also requires such member to attest to his or her marital status on Form SA-l (Rev. 01/10), Florida Retirement System Spousal Acknowledgment Form, herein adopted by reference. the appropriate retirement application as required in subsection 60S-4.0035(1), F.A.C., or the Option Selection for FRS Members, A married member who selects option 1 under paragraph (a) or option 2 under paragraph (b) shall notify his or her spouse of such option selection, and the spouse shall acknowledge any such option selection in accordance with subsection 60S-4.010(9), F.A.C. The four options are as follows:

(a) Option 1. The maximum retirement benefit payable to the member during his or her lifetime.

(b) Option 2. A retirement benefit payable during his or her lifetime and, in the event of his or her death within a period of 10 years after his or her retirement, the same monthly amount to be payable to his or her beneficiary for the balance of such 10-year period.

(c) Option 3. A retirement benefit which shall be payable during the joint lifetime of both the member and his or her joint annuitant and which shall continue after the death of either during the lifetime of the survivor in the same amount, except as provided in paragraph 60S-4.010(1)(e), F.A.C.

(d) Option 4. A retirement benefit payable during the joint lifetime of the member and his or her joint annuitant, and which shall continue after the death of either during the lifetime of the survivor in an amount equal to 66 2/3 percent of the amount which was payable during the joint lifetime of the member and his or her joint annuitant, except as provided in paragraph 60S-4.010(1)(e), F.A.C.

(e) A joint annuitant, as defined in paragraph 60S-6.001(36)(34)(b), F.A.C., who is under age 25 or disabled will receive, upon the member’s death, the amount of the option 1 benefit determined under paragraph 60S-4.010(1)(a), F.A.C., only until such joint annuitant reaches age 25 unless he or she is disabled, in which case, the option 1 benefit amount will continue for the duration of the disability. The following shall apply to the payment of benefits under this paragraph:

1. A person designated as a joint annuitant who is over age 25 shall qualify as a disabled joint annuitant provided:

a. The person is totally and permanently disabled from performing gainful employment by reason of a medically determinable physical or mental impairment, and

b. The Division receives two Physician’s Reports, (Form SB-13b (Rev. 03/01), Florida Retirement System Pension Plan Physician’s Report, herein adopted by reference FR-13b, adopted in Rule 60S-9.001, F.A.C., completed by two Florida licensed physicians attesting to the total and permanent disability of the person, and any other evidence of disability requested by the Administrator which may include reports from vocational rehabilitation, evaluation, or testing specialists who have evaluated the applicant for employment.

2. Should the Administrator determine that such person has failed to demonstrate total and permanent disability, as provided in subparagraph 1. the following procedure shall be followed:

a. The person shall be notified by certified mail with return receipt requested. The notice shall include a summary of the factual, legal and policy grounds for the Administrator’s intended decision.

b. When a person receives notice that the Administrator intends to deny his or her application, he or she shall have 21 calendar days to present written evidence to the Administrator in opposition to the intended action or written objections challenging the grounds upon which the Administrator has based his or her intended decision.

c. If the Administrator overrules the objections of the person, he or she shall provide a written explanation to the person by certified mail with return receipt requested, giving the reasons for his or her decision and advising the person of his or her right of appeal under the law.

d. If the person does not accept the Administrator’s final decision on the merits, the person may request in writing an administrative hearing on his or her disability claim by filing within 21 calendar days from the date the annuitant receives notice of the Administrator’s final decision, a petition in accordance with Rule 28-106.201, F.A.C. 60S-10.003, F.A.C.

3. The Division of Retirement may conduct periodic reexaminations of joint annuitants who have been granted disability under this paragraph to determine whether or not such joint annuitants continue to meet the disability criteria applicable in their case. The following procedures shall govern such disability reexamination cases:

a. The Division will mail the joint annuitant forms FR-13e, “Florida Retirement System Retiree’s Report of Continuing Disability” and FR-13f, “Florida Retirement System FRS Physician’s Report of Reexamination” adopted in Rule 60S-4.007 60S-9.001, F.A.C. Such forms should be completed by the joint annuitant and his or her physician and returned to the Disability Determination Section within 60 days, unless an extension of time is requested and approved by the Division.

b. through c. No change.

d. Based on the information obtained pursuant to the provisions of subparagraphs a. and b., if the Administrator finds the joint annuitant is no longer disabled under the criteria used to determine his or her original disability, the joint annuitant will be notified by certified mail of the initial findings and conclusions and that the Administrator intends to discontinue his or her benefit. The notice shall include a summary of the factual, legal and policy grounds for the intended decision.

e. When a joint annuitant receives notice that the Administrator intends to discontinue his or her benefits, he or she shall have 21 calendar days to present written evidence in opposition to the intended action or written objections challenging the grounds upon which the Administrator has based his or her intended decision. The joint annuitant may submit additional evidence or a written statement for reconsideration of the Division’s denial of benefits and his or her benefit will continue subject to reconsideration.

f. After reconsideration of the joint annuitant's file, including any additional evidence or written statement submitted by the joint annuitant or obtained by the Division, the Administrator shall provide a written final decision on the merits to the joint annuitant by certified mail giving the reasons for the decision and will notify the joint annuitant that his or her benefits will continue if he or she is found to be disabled or will terminate effective the first day of the following month if he or she is found to be not disabled.

g. If the joint annuitant does not accept the Administrator’s final decision on the merits, he or she may request in writing an administrative hearing on his or her disability claim by filing within 21 calendar days from the date he or she receives notice of the Administrator’s final decision, a petition in accordance with Rule 28-106.201, F.A.C. 60S-10.003, F.A.C.

4. A joint annuitant who is determined to be disabled under this paragraph, and subsequently recovers, shall notify the Division immediately to have his or her benefits discontinued.

(2) through (3) No change.

(4) The benefits payable under Options 3 or 4 shall be calculated as follows:

(a) Determine the maximum retirement benefit the member is eligible for under Option 1.

(b) Using the member’s age and the joint annuitant’s age at date of retirement, select the actuarial factor listed for the option selected by the member. The following exception exists, however, for any member who continues employment with a covered employer after becoming eligible to retire with an Option 1 benefit equal to 100% of his or her A. F. C. When the member retires, the actuarial factor shall be determined by the age of the member and that of his or her joint annuitant at the time the member became eligible for the benefit equal to 100% of his or her A. F. C.

(c) Multiply the maximum retirement benefit obtained in paragraph (a) above by the actuarial factor obtained in paragraph (b) above to determine the benefit which the member shall receive.

(d) The benefit of a member who chooses Option 3 and designates more than one joint annuitant, shall be the total of the portions of the benefit designated for each such joint annuitant, calculated based on the age of the member and the age of each joint annuitant for each separate percentage of the benefit.

(5) A member shall select an option for receiving benefits and may change such option selection until the time a benefit payment has been cashed or deposited. Thereafter, the member shall not be permitted to change the option he or she selected and, upon the member’s death, benefits shall be paid in accordance with such option selected.

(6) The following shall apply to the option selection of any member who dies prior to the time a benefit payment has been cashed or deposited:

(a) If the member should die prior to his or her effective date of retirement, as described in Rule 60S-4.0035, F.A.C., his or her employment will be considered to have been terminated by death (even if the death occurred after his or her last day of employment), his or her option selection shall be null and void, and benefits shall be payable in accordance with the provisions of Rule 60S-4.008, F.A.C. This paragraph shall not be construed to allow the benefit of a member who dies after he or she has terminated employment to be calculated according to the provisions of paragraph 60S-4.005(2)(c), F.A.C.

(b) If the member should die after his or her effective date of retirement, his or her employment will be considered to have been terminated by retirement, and benefits shall be payable in accordance with the retirement option selected as provided by this section, except as follows:

1. When the designated beneficiary qualifies as a joint annuitant benefits shall be payable in accordance with the provisions of Rule 60S-4.008, F.A.C.; or,

2. When the spouse is the designated beneficiary and the member had selected option 3, the spouse may elect to receive such option 3 benefit as of the member’s effective date of retirement in lieu of the benefits provided in Rule 60S-4.008, F.A.C.

(c) If the member should die after his or her effective date of retirement and without having selected an option, benefits shall be payable as follows:

1. If the member’s designated beneficiary does not qualify as a joint annuitant, benefits shall be paid under option 1, with any benefits due from his or her effective date of retirement through the month of death payable to the member’s estate.

2. If the member’s designated beneficiary qualifies as a joint annuitant, his or her previously established effective date of retirement shall be null and void and benefits shall be paid in accordance with the provisions of Rule 60S-4.008, F.A.C.

(7) If the member retires due to disability and dies after his or her effective date of retirement and prior to cashing or depositing a retirement benefit payment, benefits will be payable in accordance with the provisions of subsection 60S-4.010(6), F.A.C., except as follows:

(a) If the member had satisfied the service requirements for vesting and his or her designated beneficiary qualifies as a joint annuitant, the beneficiary may select a refund of member contributions, an Option 3 benefit under disability retirement as of the member’s effective date of retirement, or an Option 3 benefit under service retirement as provided in Rule 60S-4.008(3), F.A.C., with the member’s previously established effective date of retirement deemed null and void.

(b) If the member had not satisfied the service requirements for vesting, was approved for in-line-of-duty disability and his or her designated beneficiary was qualified as a joint annuitant, the beneficiary may select a refund of member contributions or an Option 3 benefit under disability retirement as of the member’s effective date of retirement.

(8) A member who selects Option 3 or 4 shall designate a joint annuitant to receive the benefits which continue to be payable upon his or her death. If, after benefits have commenced under Option 3 or 4, the retired member desires to change his or her designation of a joint annuitant, he or she may do so as follows:

(a) From October 1, 1979 through June 30, 1984, a retired member may change his or her designated joint annuitant only if his or her first designated joint annuitant is alive and can show evidence of good health as shall be substantiated by a statement from a Florida licensed physician. A member desiring to change his or her designation shall file such change with the Division on Form JA-1 (Rev. 12/02, “Florida Retirement System Pension Plan a notarized Change of Joint Annuitant (Retired members only)” form (JA-1), herein adopted by reference. as adopted in Rule 60S-9.001, F.A.C. Upon receipt of the completed form, the Division shall adjust the member’s monthly benefit in accordance with subparagraph 60S-4.010(8)(c)1., F.A.C. The consent of a retired member’s first designated joint annuitant to any such change shall not be required. The effective date of the change will be the first day of the month following receipt of the JA-1 “Change of Joint Annuitant” form by the Division.

(b) Effective July 1, 1984, a retired member may change his or her designated joint annuitant twice during his or her retired life. A retired member desiring to change his or her designation shall file with the Division a Form JA-1,“Florida Retirement System Pension Plan Change of Joint Annuitant (Retired members only)” form (JA-1) and notify, in writing, his or her former joint annuitant, if living, of such change.

Upon receipt of the completed form, the Division shall adjust the retired member’s monthly benefit in accordance with paragraph 60S-4.010(8)(c), F.A.C. The consent of a retired member’s first designated joint annuitant to any such change shall not be required. The effective date of the change will be the first day of the month following receipt of the JA-1 “Change of Joint Annuitant” form by the Division, provided the member and the new joint annuitant are alive on that date. If the member and the new joint annuitant do not live until the effective date of the change, the change of joint annuitant will not take effect.

(c) The monthly benefit of a member who elects to change his or her designated joint annuitant shall be adjusted by the application of actuarial tables and calculations developed to ensure that the benefit paid is the actuarial equivalent of the present value of the member’s monthly benefit at the time of the joint annuitant change. The computation of such adjustment shall depend upon the status of the member’s current joint annuitant at the time of the joint annuitant change, and shall be calculated as follows:

1. through 2. No change.

(d) In the event of the dissolution of marriage of a retired member and his or her designated joint annuitant, such member may, on or after June 17, 1998, elect to nullify the joint annuitant designation of the former spouse, unless there is an existing qualified domestic relations order preventing such action. The member must file with the Division a written, notarized statement of nullification on Form JA-NUL (Rev. 07/99), Florida Retirement System Pension Plan Joint Annuitant Nullification Form, herein adopted by reference and a copy of the divorce decree. The nullification shall be effective on the first day of the next month following receipt by the Division of the properly completed form and a copy of the divorce decree. Benefits due the member shall be adjusted, if appropriate, and shall be paid as if the former spouse predeceased the member. A member who makes such an election may not reverse the nullification. Such nullification shall not count as a change of joint annuitant unless the member chooses to designate a new joint annuitant in accordance with paragraph (b) and subparagraph (c)2., in which case the member’s monthly benefit will be adjusted as though the member’s nullified joint annuitant is not living.

(9) A married member who selects option 1 as provided in paragraph 60S-4.010(1)(a), F.A.C., or option 2 as provided in paragraph 60S-4.010(1)(b), F.A.C., shall notify his or her spouse of such option selection, and the spouse shall acknowledge such option selection as follows:

(a) A member who selects option 1 or 2 shall be required to indicate if he or she is married or not married on the appropriate application form as required in subsection 60S-4.010(1), F.A.C., or the Spousal Acknowledgment, Form SA-1 (Rev. 01/10), Florida Retirement System Spousal Acknowlegment Form, herein adopted by reference. FST-40c1, as adopted in Rule 60S-9.001, F.A.C. If the member is married, his or her spouse shall complete the spousal acknowlegment section of sign such form acknowledging that the member has selected option 1 or 2.

(b) If the Division does not receive a completed spousal acknowledgment of option selection, the Division will advise the member in writing that his or her benefits will not commence until:

1. Such completed spousal acknowledgment of option selection is received by the Division; or

2. It is established in writing to the satisfaction of the Division that the spouse cannot be located; or

3. In the case of refusal by the spouse to sign the spousal acknowledgment of option selection, the Division shall notify the spouse member provides evidence that he has notified his spouse in writing of the his option selection. Such notification evidence shall constitute acknowledgment by the spouse of such selection.

(10) Prior to the receipt of his or her first monthly benefit payment, a State and County Officers’ and Employees’ Retirement System member who is eligible for a retirement benefit computed in accordance with Rule 60S-4.004, 60S-4.005 or 60S-4.006, F.A.C., shall select one of the four optional forms of payment of such benefits, as provided in Section 122.08, F.S., on Form FST-11o (Rev 07/06), Teacher’s Retirement System and State and County Officers’ and Employees’ Retirement System Option Selection for Members, herein adopted by reference.

(11) Prior to the receipt of his or her first monthly benefit payment, a Teachers’ Retirement System member who is eligible for a retirement benefit computed in accordance with Rule 60S-4.004, 60S-4.005, or 60S-4.006, F.A.C., shall select one of the four optional forms of payment of such benefits, as provided in section 238.08, F.S., on Form FST-11o, Option Selection for TRS and SCOERS Members, as adopted in subsection (10).

Rulemaking Specific Authority 121.031, 121.052(14), 121.31 FS. Law Implemented 121.021, 121.052, 121.055, 121.091(6), (11) FS. History–New 1-1-72, Amended 12-31-74, 7-1-79, 5-18-80, 8-26-81, 1-18-83, 11-6-84, 4-17-85, Formerly 22B-4.10, Amended 3-11-87, 9-5-90, 5-15-91, 9-8-92, Formerly 22B-4.010, Amended 3-12-96, 12-12-96, 2-24-99, 8-13-03,________.

 

60S-4.011 Designation of Beneficiary.

(1) through (2) No change.

(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 (Rev. 06/04), Florida Retirement System Pension Plan Beneficiary Designation Form Active Members Only, herein adopted by reference as adopted in Rule 60S-9.001, F.A.C.

(d) A member may change his or her designation of a beneficiary at any time prior to retirement on the Form BEN-001 FST-12.

(e) No change.

(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 paragraphs 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 the Beneficiary Designation For Retired Members, Form FST-12 (Rev. 12/02), Florida Retirement System Pension Plan Beneficiary Designation Form (Retired Members Only), herein adopted by reference as adopted in Rule 60S-9.001, F.A.C.

(b) through (c) No change.

(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) No change.

(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. through 3. No change.

(e) througth (f) No change.

Rulemaking Specific 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,________.

 

60S-4.012 Employment After Retirement.

(1) Any retired member of a state-administered retirement system of Florida except for a retiree under the disability retirement provisions of Section 121.091(4), F.S., may be employed by a private employer or a public employer who does not participate in the Florida Retirement System without affecting his or her retirement benefits.

(2) The following reemployment limitations shall apply to any retiree of a state-administered retirement system who is reemployed by a Florida Retirement System employer in either a regularly established position or a temporary position, during the first 12 calendar months of retirement. For service retirements without DROP participation this 12 calendar month reemployment limitation period shall commence the month of the retiree’s after his effective date of retirement. For DROP participants such reemployment limitation period shall apply and commence in the calendar month following the participant’s DROP termination date. Any person employed in violation of any of the limitations in this section, and any employing agency which knowingly employs or appoints such person without notifying the Division to suspend retirement benefits shall be jointly and severally liable for reimbursement to the retirement trust fund of any benefits paid during the reemployment limitation period. To avoid liability, Such such employing agency shall have a written statement from the retiree that he or she is not retired from a state-administered retirement system or may use the State Board of Administration Form CERT (Rev. 06/2011), Florida Retirement System (FRS) – Certification Form, created for such purpose and herein adopted by reference.

(a)1. For retirements without DROP participation effective before July 1, 2010 and for DROP termination dates before July 1, 2010, reemployment Reemployment with an employer during the first calendar month of the 12 calendar month reemployment limitation period after his effective date of retirement shall result in cancellation of retirement; the member’s retirement application shall be void and he or she shall be required to repay all retirement benefits received including any DROP accrual.

2. For retirements without DROP participation effective on or after July 1, 2010 and for DROP termination dates on or after July 1, 2010, reemployment with an employer during the first six calendar months of the 12 calendar month reemployment limitation period shall result in cancellation of retirement; the member’s retirement application shall be void and he or she shall be required to repay all retirement benefits received including any DROP accrual.

(b)1. For retirements without DROP participation effective before July 1, 2010 and for DROP termination dates before July 1, 2010, reemployment Reemployment with an employer during the second through twelfth calendar months of the reemployment limitation period after his effective date of retirement shall result in suspension of retirement benefits except as provided in subsection 60S-4.012(3), F.A.C. If the retiree is reemployed prior to expiration of the reemployment limitation period stated in subsection (2) above he shall:

2. For retirements without DROP participation effective on or after July 1, 2010 and for DROP termination dates on or after July 1, 2010, reemployment with an employer during the seventh through the twelfth calendars of the reemployment limitation period shall result in suspension of retirement benefits.

3. If a retiree is reemployed during the calendars months of the reemployment limitation period applicable to his or her effective retirement date or DROP termination date as provided in sub paragraphs 1., or 2., above, he or she shall:

a.1. Notify the Division in writing of such employment and have his or her benefits suspended effective the first day of the first month of reemployment which may be done utilizing Form FR-23 (Rev. 07/10), Florida Retirement System Pension Plan Notification of Reemployment for Suspension of Retirement Benefits, herein adopted by reference. This suspension shall remain in effect for the balance of the reemployment limitation period or for every month of the reemployment limitation period in which he or she is employed, and benefits that would have been paid during the period of suspension are forfeited;

b.2. Notify the employer in writing that he or she is receiving retirement benefits from a state-administered retirement system;

c.3. Upon expiration of the reemployment limitation period or upon termination of employment prior to expiration of the reemployment limitation period, notify the Division in writing that his or her reemployment limitation period has been completed or that he or she is no longer employed and desires to have his or her benefits reinstated which may be done utilizing Form FR-23a (Rev. 05/05), Florida Retirement System Pension Plan Application to Reactivate Retirement Benefits, herein adopted by reference. Upon verification by his or her employer, his or her retirement benefits will then be reinstated effective the first day of the month following termination of employment or expiration of the reemployment limitation period;

4. If he or she returns to work again during the reemployment limitation period, notify the Division to suspend his or her benefits again for any month in which he or she is employed.

(c) If he or she is reemployed by an employer and fails to have his or her retirement benefits suspended during the reemployment limitation period stated in subsection (2) above he or she shall:

1. Have his or her retirement benefits suspended;

2. Repay to the Division any retirement benefits received while reemployed during the reemployment limitation period. Such suspension shall continue until full repayment has been made for all retirement benefits received during the reemployment limitation period stated in subsection (2) above. Benefits suspended beyond the reemployment limitation period shall apply toward repayment of benefits received in violation of the reemployment limitation.

(3)(a) For retirements without DROP participation effective before July 1, 2010 and for DROP termination dates before July 1, 2010, after After the first calendar month of the reemployment limitation period retirement, certain retirees may be reemployed for 780 hours during the reemployment limitation period of the second through the twelfth calendar months of the reemployment limitation period following the effective date of retirement as follows:

(a) Any retiree of the Florida Retirement System or the Teachers’ Retirement System may be reemployed by a district school board or a participating charter school as a substitute or an hourly teacher on a noncontractual basis; or

(b) Any retiree of the Florida Retirement System may be reemployed by a district school board or a participating charter school as an education paraprofessional, transportation assistant, bus driver, or food service worker on a noncontractual basis; or

1.(c) Such Any retiree of the Florida Retirement System or the Teachers’ Retirement System may be reemployed by a community college board of trustees as an adjunct instructor (i.e., an instructor who is noncontractual and part-time. A part-time community college instructor is one who teaches less than 15 course hours per week, or if paid hourly, teaches less than 40 hours per week); or

2.(d) Such Any retiree of the Florida Retirement System or the Teachers’ Retirement System may be reemployed by a community college board of trustees as a participant in a phased retirement program, within the State Community College System; or

3.(e) Such Any retiree of the Florida Retirement System or the Teachers’ Retirement System may be reemployed as an adjunct faculty member as defined in paragraph 6C-5.910(4)(a) 6C-5.105(5)(c), F.A.C., or as a participant in a phased retirement program, within the State University System; or

(f) Any retiree of the Florida Retirement System or the Teachers’ Retirement System may be reemployed as a noncontractual substitute teacher, substitute residential instructor, or substitute nurse for the Florida School for the Deaf and the Blind; or

(g) Any retiree of the Florida Retirement System may be reemployed as a firefighter or paramedic.

4.(h) Such retiree as described in subparagraphs 1.(a) through 3.(g) who is reemployed is subject to the following:

a.1. He or she may concurrently receive retirement benefits and compensation for such employment for a total of 780 hours during the second through the twelfth calendar months of the reemployment limitation period stated in subsection 60S-4.012(2), F.A.C.;

b.2. He or she shall notify the employer in writing that he or she is receiving retirement benefits from the Florida Retirement System or the Teachers’ Retirement System;

c.3. If he or she is reemployed for more than 780 hours during the reemployment limitation period he or she shall:

I.a. Notify the employer and the Division in writing of the date on which he or she will complete 780 hours of employment, at which time the Division shall suspend his or her retirement benefits effective the first day of the month following the month in which he or she completes 780 hours of employment. This suspension shall remain in effect for every month in which he or she is employed during the remainder of the reemployment limitation period, and benefits that would have been paid during the period of suspension are forfeited;

II.b. Repay to the Division any retirement benefits received during the reemployment limitation period while reemployed beyond the month in which he or she completes 780 hours of employment. Benefits suspended beyond the end of the reemployment limitation period shall apply toward repayment of benefits received during the reemployment limitation period while reemployed beyond the month in which he or she completes 780 hours of employment;

III.c. Upon expiration of the reemployment limitation period or upon termination of employment prior to expiration of the reemployment limitation period, notify the Division in writing that his or her reemployment limitation period has expired or that he or she is no longer employed and desires to have his or her benefits reinstated. Upon verification by his or her employer, his or her retirement benefits will then be reinstated effective the first day of the month following termination of employment or expiration of the reemployment limitation period;

IV.d. If he or she returns to work again during the reemployment limitation period, notify the Division to suspend his or her benefits again for any month in which he or she is employed.

(b) For retirements without DROP participation effective before July 1, 2010 and for DROP termination dates before July 1, 2010, after the first calendar month of the reemployment limitation period, certain retirees may be reemployed during the second through the twelfth months of the reemployment limitation period as follows:

1. Such retiree may be reemployed by a district school board as a classroom teacher (as defined in Section 1012.01(2)(a), F.S.) on an annual contractual basis, non-contractual substitute or hourly teacher, education paraprofessional, transportation assistants, bus drivers, or food service workers; or

2. Such retiree may be reemployed by the Florida School for the Deaf and the Blind as a substitute teacher, substitute residential instructor, or substitute nurse on a non-contractual basis; or

3. Such retiree may be reemployed by participating charter schools as a classroom teacher (as defined in Section 1012.01(2)(a), F.S.) on an annual contractual basis, or as substitute or hourly teacher on a non-contractual basis.

4. Such retiree may be reemployed by Developmental Research school on an annual contractual basis as a classroom teacher as defined in Section 1012.01(2)(a), F.S., or as substitute or hourly teacher or education paraprofessional on a non-contractual basis.

5. Such retiree who is reemployed as described in subparagraphs 1., through 4., is subject to the following:

a. He or she may concurrently receive retirement benefits and compensation for such employment during the second through the twelfth calendar months of the reemployment limitation period stated in subsection 60S-4.012(2), F.A.C.;

b. He or she shall notify the employer in writing that he or she is receiving retirement benefits from the Florida Retirement System or the Teachers’ Retirement System;

(c) For retirements without DROP participation effective on or after July 1, 2010 and for DROP termination dates on or after July 1, 2010, there are no reemployment limitation exceptions during the seventh through the twelfth calendar month of the reemployment limitation period.

(4) Any retired member who is reemployed under the provisions of subsection 60S-4.012(2) or (3), F.A.C., shall not have his or her average final compensation or years of creditable service adjusted because of such employment.

(5) Any employer who employs a retired member of a state administered retirement system, in a regularly established position, shall pay the required contributions in accordance with subsections 60S-3.003(6) and (7), F.A.C.:

(a) Those retirees who are initially reemployed in a regularly established position prior to July 1, 2010 shall have renewed membership in the Florida Retirement System. Submit a Personal History Record, Form FRS-M10, for each employee, and

(b) Those retirees who are initially reemployed in a regularly established position on or after July 1, 2010 shall not be eligible for renewed membership in the Florida Retirement System. Pay the required contributions in accordance with subsection 60S-3.003(5), F.A.C.

(6)(a)1. Any person previously retired from a state-administered retirement system who holds an elective public office or an appointment to an elective public office on or before June 30, 2010, shall have renewed membership in the Florida Retirement System as provided by Rule 60S-1.0045, F.A.C., for an office not covered by the Elected Officers’ Class, or as provided by subsection 60S-1.0055(4), F.A.C., for an office that is covered by the Elected Officers’ Class. Such Elected Officers shall continue to receive retirement benefits as well as compensation for the elected office without regard to the limitations provided in this section.

2. Any person previously retired from a state-administered retirement system who is initially reemployed as a result of holding an elective public office or an appointment to an elective public office on or after July 1, 2010, shall not be eligible for renewed membership in the Florida Retirement System.

(b) Any retired member who was elected to an office prior to July 1, 1990, suspended his or her retirement benefit, and reinstated his or her Florida Retirement System membership, shall, upon subsequent retirement, have his or her retirement benefits recomputed using such period of creditable reemployment as provided in subsection 60S-2.008(1), F.A.C. All required contributions shall be made by the employer and/or the member for the entire period of reemployment, as required in Rule 60S-3.009, F.A.C.

(c) Any elected officer participating in the Deferred Retirement Optional Program as a member of the Elected Officers’ Class prior to July 1, 2002 may continue in elected office upon reaching the Deferred Retirement Optional Program end date and shall become a renewed member of the Elected Officers’ Class the first of the month following Deferred Retirement Optional Program termination.

(d)1. Effective July 1, 2002 through June 30, 2010, any Any elected officer participating in the Deferred Retirement Optional Program as a member of the Elected Officers’ Class on or after July 1, 2002 may continue in elected office upon reaching the Deferred Retirement Optional Program end date and shall not be eligible to become a renewed member of the Florida Retirement System for as long as such officer holds an office covered by the Elected Officers’ Class under the Florida Retirement System. Any such elected officer who chooses to continue in elected office beyond his or her DROP end date would be subject to the termination requirements and reemployment limitations in effect on the date when he or she no longer holds elective office.

2. Effective on and after July 1, 2010, any elected officer participating in the Deferred Retirement Optional Program regardless of membership class on or after July 1, 2010 is subject to termination as defined in Section 121.021, F.S. and reemployment limitations as provided in Section 121.091(9), upon completion of his or her DROP participation period. However, such elected officer may defer termination and reemployment limitations until the end of his or her current term of office or, if the officer is consecutively elected or reelected to an elective office eligible for coverage under the Florida Retirement System, until he or she no longer holds an elective office. Such elected officer who chooses to defer termination and reemployment limitations beyond his or her DROP end date would be subject to the termination and reemployment limitations in effect on the date he or she terminates elective office.

3. Any elected officer as provided in subparagraph (d)1. above, who chooses to continue in elected office beyond his or her DROP end date or any elected officer as provided in subparagraph (d)2. above, who chooses to defer termination and reemployment limitations beyond his or her DROP end date the following applies:

a. The officer shall not be eligible to receive his or her accumulated DROP account and commence receiving monthly retirement benefits until termination of elective office. Monthly retirement benefits shall be paid on a prospective basis only.

b. The officer shall be subject to the termination requirement and reemployment limitations in effect on the date he or she terminates elective office.

c. The officer’s DROP account may not accrue additional monthly benefits beyond the DROP end date.

d. If the officer’s DROP participation began prior to July 1, 2010, the officer’s DROP account shall continue to earn interest beyond the DROP end date as provided in Section 121.090(13), F.S.

e. If the officer’s DROP participation began on or after July 1, 2010, the officer’s DROP account shall not earn interest beyond the DROP end date.

(7)(a) A retired Justice or Judge whose retirement without DROP participation is effective prior to July 1, 2010 or whose DROP termination date is prior to July 1, 2010 who after meeting termination as defined in Section 121.021, F.S., is assigned to active judicial service pursuant to Article V of the State Constitution shall continue to receive retirement benefits without being affected by the restrictions of this section but shall not be eligible for renewed membership in the Florida Retirement System.

(b) A retired Justice or Judge whose retirement without DROP participation is effective on or after July 1, 2010 or whose DROP termination date is on or after July 1, 2010 who after meeting termination as defined in Section 121.021, F.S., is assigned to active judicial service pursuant to Article V of the State Constitution shall be subject to reemployment limitations as provided in Section 121.091(9), F.S., and shall not be eligible for renewed membership in the Florida Retirement System.

(8) Any person who holds an elective public office and is concurrently employed in nonelected covered employment may elect to retire effective on or before June 1, 2010, from his or her nonelected employment while continuing employment in his or her elective public office. Such person shall be required to terminate his or her nonelected covered employment as provided in Rule 60S-6.001, F.A.C. (termination). Any person exercising this election shall receive his or her retirement benefits in addition to the compensation of the elective office without regard to the limitations otherwise provided in paragraph 60S-4.012(2)(b), F.A.C.; and,

(a) Effective effective July 1, 1990, any such person whose elective office is covered by the Elected Officers’ Class whose effective retirement date for his or her nonelected covered employment is on or before June 1, 2010, shall be reenrolled in such class as provided in subsection 60S-1.0055(4), F.A.C.

(b) Effective July 1, 1991 and through June 30, 2010, any such person whose elective office is covered by the Regular Class shall be reenrolled in such class as provided in subsection 60S-1.0045, F.A.C.

(9) No change.

Rulemaking Specific Authority 121.031 FS. Law Implemented 121.021, 121.053, 121.091(9), 121.046(4), 238.181 FS. History–New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Amended 7-1-79, 8-26-81, 9-9-82, 10-11-82, 11-6-84, 4-17-85, 9-24-85, Formerly 22B-4.12, Amended 3-11-87, 2-7-89, 9-5-90, 11-14-91, 9-8-92, Formerly 22B-4.012, Amended 3-18-93, 4-5-95, 12-12-96, 2-24-99, 8-13-03,________.

 

60S-4.015 Deductions from Monthly Benefits.

Subject to approval by the Division, a payee (retiree or beneficiary) receiving retirement benefits under the Florida Retirement System, State and County Officers’ and Employees’ Retirement System and the Teachers’ Retirement System may have certain payments deducted from his or her monthly benefit as follows:

(1) Federal income tax shall be withheld in accordance with federal law unless the payee elects otherwise on Form W-4P.

(2) Premiums for life and health-related insurance policies from approved companies may be deducted, provided:

(a) New deductions, or a restart of previously closed deductions, Deductions are authorized in writing by the payee and by the insurance company;

(b) A minimum of 50 25 payees have authorized deductions and are covered by each such company participating in the payroll deduction program;

(c) through (g) No change.

(3) Life insurance premiums for the State Group Life Insurance Plan may be deducted, provided deductions are authorized in writing by the payee and the Division of State Group Employees’ Insurance.

(4) Repayment of overpayments from the Florida Retirement System Trust Fund or the State Employees’ Group Health Insurance Trust Fund may be deducted upon notification to the payee by the Division of Retirement or the Division of State Group Employees’ Insurance.

(5) through (6) No change.

Rulemaking Specific Authority 121.031 FS. Law Implemented 61.1301, 121.031, 222.21 FS. History–New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Formerly 22B-4.15, Amended 5-15-91, Formerly 22B-4.015, Amended 8-4-94, 8-13-03,________.

 

60S-4.021 Forfeiture of Benefits.

(1) Any member who has been found guilty by a verdict of a jury or by the court trying the case without a jury, or who has entered a plea of guilty or a plea of nolo contendere to committing, aiding, or abetting any embezzlement or theft from his or her employer, bribery in connection with his or her employment, or any other felony specified in Chapter 838, F.S., except for commercial bribery as provided in Sections 838.15 and 838.16, F.S., committed prior to retirement; or any member whose employment is terminated by reason of his or her admitted commission, aiding or abetting of any of the offenses above, or any elected official who is convicted by the Senate of an impeachable offense, shall forfeit all rights and benefits under the Florida Retirement System except the return of his or her accumulated contributions. If such member is subsequently reemployed, he or she shall be eligible for benefits based on creditable service earned subsequent to his or her reemployment, but shall not be eligible to claim as creditable service any period prior to his or her reemployment for which he or she was required to forfeit all rights and benefits except his or her contributions.

(2) Any member who, prior to retirement, is adjudged by a court of competent jurisdiction to have violated any state law against strikes by public employees or who has been found guilty by such courts of violating any state law prohibiting strikes by public employees shall forfeit all rights and benefits under this chapter except the return of his or her accumulated contributions. If such a member is subsequently reemployed he or she shall be eligible for benefits based on creditable service earned subsequent to his or her reemployment, but shall not be eligible to claim as creditable service any period prior to his or her reemployment for which he or she received a refund of contributions.

(3) Any member who, prior to retirement, is convicted of a felony committed on or after October 1, 2008, as defined in Section 800.04, F.S., against a victim younger than 16 years of age, or defined in Chapter 794, F.S., against a victim, younger than 18 years of age, through the use of power, rights, privileges, duties, or position of the member’s public office or employment position shall forfeit all rights and benefits under this chapter except the return of his or her accumulated contributions. If such member is subsequently reemployed, he or she shall be eligible for benefits based on creditable service earned subsequent to his or her reemployment, but shall not be eligible to claim as creditable service any period prior to his or her reemployment for which he or she was required to forfeit all rights and benefits except his or her contributions.

(4)(3) The following shall apply concerning forfeiture of benefits for members:

(a) A member who has had an information or an indictment filed against him or her in a circuit court relating to a crime that may result in the forfeiture of benefits shall not begin receiving retirement benefits until all criminal charges have been determined by the circuit court and a determination made by the Administrator concerning forfeiture of benefits; except that such a member who has employee contributions on deposit may, upon the approval of the Administrator, receive benefits equal to the total of such contributions, at which time benefits will be suspended until all criminal charges have been determined by the circuit court and a determination made by the Administrator concerning forfeiture of benefits.

(b) A member who has been convicted of a felony that would result in forfeiture of retirement benefits upon his or her retirement, and who subsequently receives a full pardon, is entitled to receive retirement benefits for which he or she is eligible as though the offense had never been committed, provided such member makes application for retirement benefits in accordance with Rule 60S-4.0035, F.A.C. The restoration of civil rights or the sealing of criminal records of such a member does not entitle such member to receive retirement benefits.

(5)(4) The following shall apply concerning forfeiture of benefits for retired members:

(a) A retired member who has had an information or an indictment filed against him or her in a circuit court relating to a crime committed prior to his or her retirement that may result in the forfeiture of benefits shall have his or her retirement benefits suspended until all criminal charges have been determined by the circuit court and a determination made by the Administrator concerning forfeiture of benefits; except that such a retired member who has employee contributions on deposit may, upon the approval of the Administrator, receive benefits equal to the total of such contributions, at which time benefits will be suspended until all criminal charges have been determined by the circuit court and a determination made by the Administrator concerning forfeiture of benefits.

(b) A retired member who has forfeited his or her retirement benefits as provided in subsections 60S-4.021(1) and (2), F.A.C., and who subsequently receives a full pardon is entitled to have his or her retirement benefits reinstated prospectively. The restoration of civil rights or the sealing of criminal records of such a member does not entitle such member to the resumption of forfeited retirement benefits.

(6)(5) Any person who is the designated beneficiary of a member, and who by a verdict of a jury or by the court trying the case without a jury is found guilty, or who has entered a plea of guilty or nolo contendere, of unlawfully and intentionally killing or procuring the death of such member shall forfeit all rights to the deceased member’s retirement benefits. Any benefits will be paid as if such beneficiary had predeceased the deceased member, however, benefits may not be paid by the Division pending final resolution of such charges against the beneficiary.

Rulemaking Specific Authority 121.031 FS. Law Implemented 121.091(5) FS. History–New 8-4-94, Amended 4-5-95, 12-12-96, 2-24-99,________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Sarabeth Snuggs, Director, the Division of Retirement

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: John P. Miles, Secretary, Department of Management Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 20, 2011

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 18, 2010, Vol. 36/24