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.  

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    DEPARTMENT OF MANAGEMENT SERVICES
    Division of Retirement

    RULE NO.: RULE TITLE:
    60S-2.002: Statements of Policy
    60S-2.003: Credit for Past Service
    60S-2.004: Credit for Prior Service
    60S-2.0041: Credit Toward Special Risk Normal Retirement Date
    60S-2.005: Credit for Military Service
    60S-2.006: Credit for Leaves of Absence Under the Florida Retirement System
    60S-2.007: Credit for Out-of-State and In-State Service
    60S-2.009: Credit for Previous Service
    60S-2.013: Credit for Upgraded Previous Service
    60S-2.015: Value of Each Year of Creditable Service
    60S-2.016: Credit for Periods of Suspension Without Pay or Rescinded Dismissal
    60S-2.019: Credit for Unreported Service

    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: The amendments to this rule reflect the statutory changes allowing metropolitan planning organizations, public charter schools and public charter technical career centers to participate in the Florida Retirement System; the statutory changes regulating the purchase of past service credit by certain employees of the City of Jacksonville; the statutory changes identifying additional wartime military service dates that are eligible for purchase; and the statutory changes allowing certain special risk class members to purchase an upgrade of certain service within the purview of the class to special risk class service. In addition this rule deletes antiquated wartime military service dates; provides the formulary for the calculation of creditable military service credit; clarifies the historical definition of regularly established position chronologically for purposes of credit for Unreported Service; deletes obsolete rule requiring affidavits to substantiate service credit adjustments when records are not available under certain circumstances and incorporates by reference 10 Division forms into this rule that were previously adopted under 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 by Section 288.703, Florida Statutes, nor on small counties or small cities as defined by Section 120.52, Florida statutes.

    The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimate regulatory costs or if no SERC is required, the information expressly relied upon and described herein:

    Not required because there are no adverse impacts on economic growth, business competitiveness or regulatory costs of more than $1M in the aggregate within five years of implementation.

    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(7), (14), 238.175(2) FS.
    LAW IMPLEMENTED: 120.045, 121.011(3), 121.021, 121.031, 121.051, 121.0515, 121.052, 121.053, 121.055, 121.071, 121.081, 121.091, 121.111, 121.1115, 121.1122, 121.121, 121.122, 121.125, 121.65(2), 122.07, 238.06(4), 238.07, 238.175 FS.

    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE, TIME 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 RULE IS: Garry Green, Operations and Management Consultant Manager, Department of Management Services, Division of Retirement, 1317 Winewood Blvd., Bldg. 8, Tallahassee FL 32399-1560, (850)488-5706

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

    60S-2.002 Statements of Policy.

    (1) The Administrator may require the submission of any evidence necessary to establish a member’s claim of creditable service.

    (2) A member shall not receive more than one a year of creditable service for any 12-month twelve-month period of employment.

    (3) No change.

    (4) Method for determining retirement service credit:

    (a) A member’s retirement service credit shall be measured in terms of years and fractions thereof during each fiscal year, as defined in subsection 60S-6.001(29)(28), F.A.C. A year of service credit consists of 12 months of service credit in a fiscal year (July 1 through June 30), except as otherwise provided herein pursuant to the Florida Statutes for employees whose approved work year is less than 12 months or whose approved service credit year is not July 1 through June 30. A member who earns 12 full months of service credit during the service credit year shall be granted one year of service credit for that year. A member who earns less than 12 months of service credit, except when a work year less than 12 months has been approved pursuant to Florida Statutes, shall receive a fraction of a year of service credit, such fraction to be determined by dividing the number of months and fractions thereof of service credit earned by 12. A member for whom a shorter work year has been approved pursuant to law shall receive a year of service credit if he or she earns a full month of service credit for each month of the approved work year. If such member earns service credit for fewer months than comprise his or her work year, he or she shall receive a fraction of a year of service credit, such fraction to be determined by dividing the number of months and fractions thereof of service earned by the number of months in the approved work year.

    (b) The approved work year pursuant to Florida Statutes for the purpose of determining service credit in accordance with this policy is as follows:

    1. For academic Academic or instructional employees (including substitute teachers eligible for membership) of a district school board, participating public charter school or charter technical career center, community college, or state university: The work year shall be the number of months in the full contract year or nine months, whichever is greater, as specified by the contract between the employee and the school system in accordance with law (Chapters 1012 and 1001, F.S.). The approved work year for any member included in the definition of “teacher” in Section 238.01(3), F.S., who is not an employee of a district school board, participating public charter school or charter technical career center, community college, or state university, but whose work year is less than 12 twelve months, shall be the school or contract year or nine months, whichever is greater, as approved by the Division of Retirement.

    2. For non-academic Non-academic or non-instructional employees (including teacher aides) of a district school board, participating public charter school or charter technical career center, community or junior college, or state university; or employees of a participating employer other than a school board whose total employment is to provide services to a school board for the school year only: The work year shall be the number of months in the school year, or nine months, whichever is greater, as certified by the employing agency, subject to review and approval by the Division of Retirement.

    3. For seasonal Seasonal employees (pursuant to Sections 121.051(6)(a) and 122.07, F.S.): The work year shall be 12 months during the fiscal year.

    4. For all All other employees: The work year shall be 12 months during the fiscal year.

    5. For an An employee of any district school board, participating public charter school or charter technical career center, community or junior college, or state university, who moves from one position to another position having a different approved work year: If all employments are with any school, college, or university system of the state, all of his or her service credit for that fiscal year shall be based on the shortest work year under which any service credit was earned. If all employments are not with a school, college, or university system of the state, the employee’s service credit for that fiscal year shall be based on each of the different work years under which service credit was earned.

    (c) Except as otherwise provided in paragraph (d), monthly Monthly service credit shall be awarded as follows:

    1. For service Service performed prior to July 1, 1974: A month of service credit shall be awarded for each month during which the member is paid a salary payment for employment.

    2. For service Service performed on and after July 1, 1974: A month of service credit shall be awarded for each month during which the member is paid a salary payment of at least $100. If a member is paid less than $100 during a month of employment, his or her service credit for that month shall be a fraction of a month of credit, such fraction to be determined by dividing his or her actual salary payment by $100.

    3. For service Service performed on and after July 1, 1979: A month of service credit shall be awarded for each month during which the member is paid a salary payment of at least $250. If a member is paid less than $250 during a month of employment, his or her service credit for that month shall be a fraction of a month of credit, such fraction to be determined by dividing his or her actual salary payment by $250. If a member earns $250 in a month, but is paid less than that amount because of participation he participates in a deferred salary plan, he or she shall be entitled to receive a full month of service credit for each such month, provided the Division is notified and verification of deferred salary payments is submitted.

    4. For service Service performed on and after July 1, 1985: A month of service credit shall be awarded for each month during which the member is paid a salary payment for employment.

    (d)1. For service performed prior Prior to January 1, 1999, service credit for members holding an elective public office shall be granted as follows:

    a. All elected public officials holding a commission of office from the Secretary of State shall receive service credit based on their terms of office.

    b. All other elective public officers shall receive service credit in accordance with paragraph (c).

    2. For service performed on On and after January 1, 1999, service credit for members holding an elective public office shall be granted in accordance with paragraph (c).

    (e) In Employers shall, in accordance with instructions issued by the Division of Retirement, employers shall identify all members of the retirement systems who work for a school system (district school board, participating public charter school or charter technical career center, community college, or state university) whose work year is less than 12 months. Each such identification shall also indicate the number of months in the member’s work year. If salary payments are made in a greater or lesser number of months than the work year due to agency payroll procedures, the work year reported shall be the lesser of either the number of months paid or the number of months in the work year except that it shall not be less than 9 months.

    (f) Service credit shall not be granted beyond the month of termination at retirement or death, except as provided in subsection 60S-2.010(4), F.A.C.

    (g) The Division of Retirement may adjust a member’s record of service credit only upon presentation of evidence sufficient to warrant such adjustment. In the event official records are not available affidavits may be accepted as evidence of proof of employment or salary earned, provided the following conditions are met:

    1. Affidavits are submitted by 2 people who have personal knowledge of the member’s employment as supervisor or administrator of the employee at the time in question. If no former supervisor or administrator can be located, the affidavit of co-workers may be substituted.

    2. The member’s employer at the time in question provides the following:

    a. A statement indicating why records for that period of time are not available. (If records are available and the employee does not appear on the records, the service credit shall not be creditable);

    b. Copies of additional proof of employment such as the member’s personnel file or some mention of the employee in board minutes, except when all agency records have been destroyed. (If records have been destroyed, compliance with a. and c. shall be sufficient);

    c. The salary of the member on which the retirement contributions shall be based. Since no records are available this shall be the employer’s best estimate using salaries of employees filling similar position at that time. Contributions shall be charged in accordance with subsection 60S-3.005(1)(c) or (3), F.A.C., as applicable for the service to be purchased.

    3. An affidavit shall not be accepted to verify leaves of absence or out-of-state service.

    Rulemaking Specific Authority 121.031 FS. Law Implemented 121.021, 121.031, 121.0515, 121.091, 121.111 FS. History–New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, 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 22B-2.02, Amended 2-4-86, 3-11-87, 9-5-90, Formerly 22B-2.002, Amended 2-24-99, 8-13-03,_________.

     

    60S-2.003 Credit for Past Service.

    Past service credit in the Florida Retirement System is available to the member for service rendered in seven five different sets of circumstances, with the particular set of circumstances under which the service is rendered determining the cost for claiming past service credit. The conditions and circumstances under which the past service credit may be claimed are as follows:

    (1) Past service may be claimed by a member who was an officer or employee of a city, independent or special district, metropolitan planning organization, charter school, or charter technical school on the date it was approved for participation in the Florida Retirement System, subject to the following:

    (a) The member must have been in the active employ of the city, independent or special district, metropolitan planning organization, charter school, or charter technical school on the date the city, independent or special district or metropolitan planning organization, charter school, or charter technical school commenced participating in the Florida Retirement System, and must have selected membership in the Florida Retirement System if such option was given;

    (b) The member must have been filling a regularly established position, as defined in Rule 60S-6.001, F.A.C., during the period of service for which he or she claims past service credit;

    (c) The member may not receive past service credit for any leaves of absence without pay, with the exception of active military service leaves of absence claimed in accordance with subsection 60S-2.005(1), F.A.C.;

    (d) If the member does not desire to receive credit for all of his or her past service, the period he or she claims must be the most recent past service prior to his or her participation in the Florida Retirement System;

    (e) Certification of monthly service and earnings for the past service claimed must be submitted by the member’s employer; and

    (f) The required contributions must be made in accordance with subsection 60S-3.004(1), F.A.C.

    (g) Past service under this subsection may be claimed as Special Risk Class special risk service valued at 2% per year by current or former Special Risk Class special risk members of the Florida Retirement System. Such additional credit may be purchased at the time the employee becomes a member of the Florida Retirement System or at any time prior to retirement. In addition to conditions (a) through (f), the following conditions must be met:

    1. The service must satisfy the criteria established for the Special Risk Class special risk as provided in Rule 60S-1.0051, 60S-1.0052, or 60S-1.0053, 60S-1.00535 or 60S-1.00539, F.A.C., of these rules, except that a certificate or waiver of certificate shall not be required. Verification that the service satisfies the criteria shall be provided by the city, or independent special district, metropolitan planning organization, charter school, or charter technical school on Form FRS-401 (Rev. 07/99), Florida Retirement System Special Risk Credit for Past Service, herein adopted by reference, the forms provided by the Division and must be approved by the Division.

    2. The member will be notified of the additional contributions required in accordance with paragraph 60S-3.004(1)(d), F.A.C. Such contributions may be paid by the member or by the employer on behalf of the member.

    (2) A member who has service with a city, independent or special district or metropolitan planning organization, charter school, or charter technical school of the state which cannot be claimed under subsection (1) above, because the city, or independent special district, metropolitan planning organization, charter school, or charter technical school has not joined the Florida Retirement System, because the member was not an employee of the city, or independent special district, metropolitan planning organization, charter school, or charter technical school, at the time it commenced participating in the Florida Retirement System, or because the member rejected the Florida Retirement System at the time the city, or independent special district, metropolitan planning organization, charter school, or charter technical school began participating in the Florida Retirement System, may receive past service credit for employment with any city, or independent special district, metropolitan planning organization, charter school, or charter technical school of the state, subject to the following:

    (a) The member must have been filling a regularly established position, as defined in Rule 60S-6.001, F.A.C., during the period of service for which he or she claims past service credit;

    (b) through (d) No change.

    (3) Past service credit may be claimed by a person who becomes a member of the Florida Retirement System by virtue of the transfer, consolidation or merger of governmental units or functions at any level of government or through the assumption of functions or activities by an employer under the system from an employing entity that was not an employer under the system. A person who, prior to becoming a member of the Florida Retirement System, became a member of an existing system prior to December 1, 1970 by virtue of a transfer, consolidation, merger or assumption of functions or activities as described herein, shall also be eligible to claim past service in accordance with this subsection. The following conditions shall apply to past service credit under this subsection:

    (a) through (c) No change.

    (d) If the member does not desire to receive credit for all of his or her past service, the period he or she claims must be the most recent past service prior to his or her participation in the Florida Retirement System;

    (e) through (f) No change.

    (g) Past service credit under this subsection may be claimed as Special Risk Class special risk service valued at 2% per year by current or former Special Risk Class special risk members of the Florida Retirement System. Such additional credit may be purchased at the time the employee becomes a Special Risk Class special risk member of the Florida Retirement System or at any time prior to retirement. In addition to conditions (a) through (f), the following conditions must be met:

    1. The service must satisfy the criteria established for the Special Risk Class special risk as provided in Rule 60S-1.0051, 60S-1.0052, or 60S-1.0053, 60S-1.00535, or 60S-1.00539, F.A.C., of these rules, except that a certificate or waiver of certificate shall not be required. Verification that the service satisfies the criteria shall be provided by the city, or independent special district, metropolitan planning organization, charter school, or charter technical school on the forms provided by the Division. Such verification is subject to approval by the Division.

    2. The member will be notified of the additional contributions and interest required in accordance with paragraph 60S-3.004(1)(d), F.A.C. Such contributions and interest may be paid by the member or by the employer on behalf of the member.

    (4) No change.

    (5) Past service may be claimed for retirement credit for the period of time a member was employed in a Multiple Offender Project funded by a Federal Government grant to a local government not covered by Chapter 121, F.S., if:

    (a) through (b) No change.

    (c) The member worked under the supervision of the State Attorney or his or her subordinate;

    (d) through (e) No change.

    (6) Past service with the City of Jacksonville prior to July 1, 2004, may be claimed for retirement credit by employees of the Fourth Judicial Circuit who were in an employee-employer relationship with the City of Jacksonville on June 30, 2004, and who became employees of the State Courts System on July 1, 2004, as a result of the implementation of Revision 7 to Article V of the State Constitution if:

    (a) Credit for such service has not been and will not be granted under any other state or local retirement or pension system; and

    (b) The required contributions are made in accordance with subsection 60S-3.004(6), F.A.C.

    (7)(6) Past service may be claimed for retirement credit for the period of time a member was employed prior to July 1, 1996 by a dependent governmental entity within the jurisdiction of an independent participating agency when such independent agency failed to report such employee for membership in the Florida Retirement System as required by this chapter. Such employees may claim past service as provided in subsection 60S-2.003(1), F.A.C.

    (8)(7) A member may not claim credit for past service which is used to qualify for a benefit under any retirement system.

    Rulemaking Specific Authority 121.031 FS. Law Implemented 121.021(18), 121.0515, 121.65(2), 121.081(1) FS. History–New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Amended 1-16-77, 8-26-81, 1-19-82, 1-18-83, 4-17-85, Formerly 22B-2.03, Amended 5-15-91, Formerly 22B-2.003, Amended 4-5-95, 12-12-96,_________.

     

    60S-2.004 Credit for Prior Service.

    (1) No change.

    (2) The provisions for claiming prior service are as follows:

    (a) The member must be reemployed for one complete year of creditable service within a period of 12 consecutive months except as provided in subsections 60S-2.010(3) and (4), F.A.C. Service which may be used to satisfy this requirement may include:

    1. Any period of leave, with or without pay, after initial reemployment and during the 12-month period.

    2. Service with more than one employer, provided the service is continuous.

    3. Service performed as a participant of the State University System Optional Retirement Program for the State University System in accordance with Section 121.35, F.S., and Chapter 60U, F.A.C.

    4. Service performed as a participant of the Senior Management Service Optional Annuity Program in accordance with Section 121.055, F.S., and Chapter 60V, F.A.C.

    (b) The member must make the required contributions for such prior service in accordance with subsection 60S-3.005(1), F.A.C.

    (c) If a member does not claim credit for all of his or her prior service, the service he or she claims must be his or her most recent period of service.

    (3) A member who elected to transfer to the Florida Retirement System from an existing system may receive credit for prior service under the provisions of the existing system provided:

    (a) He or she was eligible under the provisions of the existing system to claim the prior service at the time of the transfer.

    (b) He or she makes the required contributions for such prior service as provided in subsection 60S-3.005(3), F.A.C.

    (4) Prior service as described in paragraph (1)(a), (b), or (c) of this rule may only be claimed as Regular Class regular service. Prior service as described in paragraph (1)(d) or (e) will be credited according to the class of membership of the member during the period claimed. Prior service claimed as provided in subsection (3) above shall be credited in accordance with the provisions of the former system. Prior service as described in paragraph (1)(e) of this rule shall be credited in accordance with the provisions of the highway patrol pension plan in effect during the period claimed. However, if the member terminated and withdrew his or her retirement contributions, and was thereafter enrolled in the State and County Officers and Employees’ Retirement System and/or the Florida Retirement System, the service shall be credited as Regular Class regular service in the Florida Retirement System.

    (5) through (6) No change.

    (7) Educational Leave with Pay – Employees of a state agency, who were members of a state administered retirement system and who were granted educational leave with pay pursuant to a written educational leave with pay policy, may claim such periods of educational leave as prior service subject to the following conditions:

    (a) through (c) No change.

    (d) The employee must be a member of the Florida Retirement System at the time he or she claims such service; and

    (e) through (f) No change.

    (g) The member must make the required contributions for such prior service in accordance with paragraph 60S-3.005(1)(d)(e), F.A.C.

    Rulemaking Specific Authority 121.031 FS. Law Implemented 121.021, 121.081 FS. History–New 1-1-72, Amended 10-20-72, 1-16-77, 7-1-79, 1-19-82, 11-6-84, Formerly 22B-2.04, Amended 2-4-86, 3-11-87, 2-7-89, Formerly 22B-2.004, Amended 12-30-99, 8-13-03,________.

     

    60S-2.0041 Credit Toward Special Risk Class Normal Retirement Date.

    Credit toward Special Risk Class Normal retirement date is earned for Special Risk Class special risk service, high hazard service in the State and County Officers and Employees’ Retirement System, and service earned in the Highway Patrol Pension Fund. In addition, a Special Risk Class member or a former Special Risk Class member may receive credit toward such date for the following service:

    (1) Service in the State and County Officers and Employees’ Retirement System; service as a correctional counselor with the Department of Corrections between December 1, 1970 and September 30, 1979 including such service for which the member received a refund and which was reclaimed as prior service; or service in the State and County Officers and Employees’ Retirement System (Chapter 122, F.S.), or in the Highway Patrol Pension Fund (Chapter 321, F.S.), for which the member received a refund and which was reclaimed as prior service under the Florida Retirement System. Such service shall have been performed as provided below.

    (a) The position filled at that time shall satisfy the criteria as provided in Rule 60S-1.0051, 60S-1.0052 or 60S-1.0053, F.A.C., except the requirement for a certificate or waiver of certificate. The member shall apply for such credit and the agency shall provide verification Verification that the position satisfies the criteria on Form FRS-402 (Rev. 10/01), Florida Retirement System Application for Special Risk Equivalent Credit, herein adopted by reference, shall be provided by the agency on the forms provided by the Division and must be approved by the Division.

    (b) through (c) No change.

    (2) Service earned in the Special Risk Administrative Support Class, as provided below:

    (a) through (b) No change.

    (c) The percentage value of each year earned in the Special Risk Administrative Support Class shall be the value of Regular Class regular membership in the Florida Retirement System.

    (d) Retroactive coverage in the Special Risk Administrative Support Class shall be granted as follows:

    1. Any member filling an administrative support position during the period October 1, 1978 through June 30, 1982, shall be covered, provided the member meets the requirements of subsection 60S-1.0054(2), F.A.C., and was:

    a. Removed from Special Risk Class membership effective October 1, 1978, due to a change in the Special Risk Class special risk criteria; or

    b. Was reassigned or employed for training and/or career development or to fill a critical agency need.

    2. The member must apply to the Division of Retirement and complete the member information section Section 2 of Form FRS-404 (Rev. 11/02), Florida Retirement System Application for Special Risk Administrative Support Class, herein adopted by reference, membership (FRS-404) prior to retirement to claim such credit. The employing agency at the time the service was performed shall complete the portion of the form verifying that the member filled a Special Risk Administrative Support Class position and retained his or her certification per Rule 60S-1.0051, 60S-1.0052, or 60S-1.0053, F.A.C., during the retroactive period.

    3. Service in the Special Risk Administrative Support Class shall be granted without payment of additional contributions for the period October 1, 1978 through June 30, 1982.

    Rulemaking Specific Authority 121.031 FS. Law Implemented 121.021, 121.0515 FS. History–New 1-19-82, Amended 10-12-82, Formerly 22B-2.041, Amended 2-7-89, Formerly 22B-2.0041, Amended 8-13-03,________.

     

    60S-2.005 Credit for Military Service.

    (1) Military Leave of Absence – A member may receive up to 5 years of retirement credit, or more if required for the convenience of the Federal Government as provided in the Uniformed Services Employment and Reemployment Rights Act, for active military service in the Armed Forces of the United States which interrupts continuous employment, regardless of whether or not an official leave of absence was granted, in accordance with the following:

    (a) The member must be entitled to reemployment under the provisions of the Uniformed Services Employment and Reemployment Rights Act, 38 U.S.C. §§ 4301 et seq.-4333, F.S., or other law applicable to such reemployment which provides that:

    1. The member shall have been employed in a position other than temporary, and shall have left that position for the purpose of induction into the Armed Forces of the United States or entry for active duty in the Armed Forces of the United States. When applied to the Florida Retirement System, “a position other than temporary” shall mean a regularly established position with a Florida Retirement System employer, and it shall be construed that the member left his or her employment for military purposes if he or she reported for active duty within 60 days of leaving such employment, unless a determination of the member’s entitlement to reemployment under the Uniformed Services Employment and Reemployment Rights Act is made by the Veterans’ Administration and submitted to the Division of Retirement by the member; and

    2. The member shall have been discharged from the military service under honorable conditions; and

    3. The member shall have applied for reemployment with the same employer within 90 days from his or her date of discharge or separation from active military service or within the time limits set forth in the Uniformed Services Employment and Reemployment Rights Act for hospitalization continuing after discharge, and was reemployed by such employer; and

    (b) The member submits required documentation to the Division (DD214 or other official military document) showing the dates of entry into active duty and discharge from active duty; and

    (c) The required employer contributions shall be paid by the employer if the member was released from military service on or after December 3, 1974, or by the member if he or she was released from military service prior to December 3, 1974 in accordance with subsection 60S-3.006(1), F.A.C. If any employee contributions are required they shall be paid by the member; and

    (d) The member shall receive service credit in the membership class to which the member belonged immediately prior to his or her military service. Such service may be claimed immediately upon reemployment and shall count toward the years required for vesting.

    (2) Wartime Military Service – A member whose initial date of employment in a regularly established position is before January 1, 1987, who has full-time, active “wartime” military service, other than active duty for training or attendance at a military academy, in the Armed Forces of the United States or in the Allied Forces for which he or she is not eligible to receive retirement credit as provided in subsection 60S-2.005(1), F.A.C., may receive retirement credit for such active wartime military service, not to exceed a total of 4 years, provided that:

    (a) The member served one or more days of his or her military service during one of the following periods:

    1. Spanish-American War: Service from April 21, 1898 through July 4, 1902, and including the Philippine Insurrection and the Boxer Rebellion.

    2. Mexican Border Period: Service from May 9, 1916, through April 5, 1917, in the case of a veteran who during such period served in Mexico, on the borders thereof, or in the waters adjacent thereto.

    3. World War I: Service from April 6, 1917 through November 11, 1918; extended through April 1, 1920, for those veterans who served in Russia; also extended through July 1, 1921, for those veterans who served after November 11, 1918, and before July 2, 1921, provided that such veterans had at least 1 day of service between April 5, 1917 and November 12, 1918.

    1.4. World War II: Service from December 7, 1941 through December 31, 1946. Wartime service as a member of the American Merchant Marine in Oceangoing Service from December 7, 1941 through August 15, 1945, may be credited only for such periods certified on a federal form DD214.

    2.5. Korean Conflict: Service from June 27, 1950 through January 31, 1955.

    3.6. Vietnam Era: Service from February 28, 1961 through May 7, 1975., and

    4.7. Persian Gulf War: Service from August 2, 1990 through January 2, 1992 a date to be determined by presidential proclamation or by law.

    5. Operation Enduring Freedom: October 7, 2007 through a date to be determined by presidential proclamation or by law.

    6. Operation Iraqi Freedom: March 19, 2003 through a date to be determined by presidential proclamation or by law.

    (b) The member’s wartime military service in the Allied Forces shall be limited to service with any nation which was allied with the United States in World War I or World War II; any nation which provided military contingents in support of the United Nations during the Korean conflict; or any nation which provided military assistance to South Vietnam in cooperation with forces of the United States during the Vietnam Era, and

    (c) The member was discharged from the military service under honorable conditions, and

    (d) The member is vested, and

    (e) The member makes application to the Division to claim such military service credit and submits required documentation (DD214 or other official military document) showing the dates of entry into active duty and discharge from active duty, and

    (f) The member pays the required contributions in accordance with paragraph 60S-3.006(2)(a) or (b), F.A.C.

    (g) The member shall receive service credit in the Regular Members’ Class for all wartime military service claimed under this subsection, regardless of the member’s class of membership, and

    (h) The member shall not receive credit for any military service for which the member also receives credit under any federal or state retirement or pension system where “length of service” is a factor in determining the amount of compensation received, except for a pension system providing retired pay for non-regular (i.e. Reserve and National Guard) service in the Armed Forces of the United States in accordance with 10 U.S.C. ss.1331 et seq. Chapter 67 of Title 10 of the United States Code. Credit for wartime military service for which the member also receives credit in a pension system providing retired pay for such non-regular service may be claimed as follows:

    1. Any person whose retirement date under the Florida Retirement System is prior to July 1, 1985 may claim such service at any time, as provided in this subsection upon payment of contributions as provided in paragraph 60S-3.006(2)(b), F.A.C.

    2. Any person whose retirement date is on or after July 1, 1985 must claim such service prior to the commencement of his or her retirement benefits, as provided in this subsection, and upon payment of contributions as provided in paragraph 60S-3.006(2)(a), F.A.C.

    (i) Any member claiming credit in accordance with this subsection shall certify on Form MF-1 (Rev. 07/06), Florida Retirement System Pension Plan Statement of Military Eligibility, herein adopted by reference, the form prescribed by the Division that credit for such service has not and will not be claimed for retirement purposes under any federal or state retirement or pension system where “length of service” is a factor in determining the amount of compensation received, except where credit for such service has been granted in a pension system providing retired pay for non-regular (i.e. Reserve and National Guard) service in accordance with paragraph 60S-2.005(2)(h), F.A.C. In the event of the member’s death prior to retirement, the member’s beneficiary shall make the required certification. If such certification is not made by the member or the member’s beneficiary, credit for wartime military service will not be allowed.

    (j) Service credit awarded for wartime military service shall be the total number of years, months and days from and including the date of entry into active duty through the date of discharge from active duty, up to a maximum of four years. If the military service includes a partial year, it shall be stated as a fraction of a year. Creditable military service shall be calculated as follows:

     

    Creditable military service =

    A +

    [B + (C/30)]

     

     

    12

     

    Where:

    A is total complete years;

    B is total complete months in excess of complete years; and

    C is total days in excess of complete months.

    Rulemaking Specific Authority 121.031, 121.052(7) FS. Law Implemented 121.021, 121.052(5)(d), 121.111 FS. History–New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Amended 1-16-77, 7-1-79, 1-19-82, 4-17-85, Formerly 22B-2.05, Amended 2-4-86, 2-7-89, 11-14-91, Formerly 22B-2.005, Amended 3-18-93, 4-5-95, 12-12-96, 2-24-99, 8-13-03,________.

     

    60S-2.006 Credit for Leaves of Absence Under the Florida Retirement System.

    (1) A member may receive retirement credit for a total of two work years of creditable service for authorized leaves of absence under the Florida Retirement System, subject to the following:

    (a) through (f) No change.

    (g) The member shall make application to the Division for leave of absence retirement credit on Form FR-28 (Rev 06/04), Florida Retirement System Pension Plan Application to Purchase Retirement Credit for a Pension Plan Leave of Absence, herein adopted by reference.

    (2) If a member is granted a leave of absence with full pay at the rate he or she was being paid prior to the leave of absence, and the compensation received during such period is paid in accordance with paragraph 60S-1.004(4)(a) or (b), F.A.C., the member shall not be considered on leave of absence for retirement purposes and the contributions required by Rule 60S-3.003, F.A.C., shall continue to be made and he or she shall continue to receive full retirement credit for the period he or she is on leave of absence with pay.

    (3) If a member is granted a leave of absence with partial pay and the compensation received during such period is in accordance with paragraph 60S-1.004(4)(a) or (b), F.A.C., the contributions required by Rule 60S-3.003, F.A.C., shall continue to be made and he or she shall continue to receive full retirement credit for the period he or she is on leave of absence with pay. For this partial pay he or she shall receive credit in accordance with paragraph 60S-2.002(4)(c), F.A.C. However, the member may elect, upon his or her return from such leave, to make additional contributions in accordance with subsection 60S-3.007(2), F.A.C., and receive retirement credit for this period based on the full salary he or she was earning prior to the leave of absence. The purpose in making such contributions would be to permit the member’s full salary to be included in his or her average final compensation. If additional contributions are not made, only the member’s partial pay shall be used should such period be included in the member’s average final compensation.

    (4) through (7) No change.

    Rulemaking Specific Authority 121.031 FS. Law Implemented 121.071, 121.121 FS. History–New 1-1-72, Amended 10-20-72, 12-31-74, 1-16-77, 7-1-79, 8-26-81, 1-18-83, Formerly 22B-2.06, Amended 3-11-87, 2-7-89, 11-14-91, Formerly 22B-2.006, Amended 8-4-94, 2-24-99, 12-30-99, 8-13-03,________.

     

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

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

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

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

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

    (a) through (c) No change.

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

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

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

    3. The member submits Form TR-4 (Rev. 04/99), Florida Retirement System Verification of Out-of-State Teaching Service, herein adopted by reference, completed by the certificate of the administrator of the retirement system of such other state, county, municipality or taxing district stating that he or she is ineligible for a benefit therein. Such form certificate should, if possible, be obtained by the member prior to submitting his or her application for retirement and should be attached to his or her application.

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

    (a) through (d) No change.

    (e) A member of the Florida Retirement System Pension Plan who wishes to claim such service shall obtain the following from the out-of-state or in-state employer’s retirement or pension plan on Form FR-30 (Rev. 07/04), Florida Retirement System Pension Plan Verification for In-State or Out-of-State Service Credit, herein adopted by reference; or on Form FR-30a (Rev. 07/04), Florida Retirement System Pension Plan Out-of-State Employer Request, herein adopted by reference, if the information provided by the out-of-state in-state employer’s retirement or pension plan on Form FR-30 is incomplete; or in the case of a deceased member, a beneficiary who wishes to claim such service on the behalf of the member shall obtain the following from the out-of-state or in-state employer’s retirement or pension plan on Form FR-30b (Rev. 07/99), Florida Retirement System Pension Plan Verification for In-State or Out-of-State Service Credit, herein adopted by reference: adopted in Rule 60S-9.001, F.A.C.:

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

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

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

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

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

    (i) A member claiming military service under these provisions must also complete and submit to the Division, Form MF-2 (Rev. 07/06), Florida Retirement System Pension Plan Statement of Military Eligibility to Purchase Military Service under the Out-of-State Provisions, herein adopted by reference, attesting to the fact that the military service for which he or she requests credit has not and will not be claimed for retirement purposes under any other public pension plan.

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

     

    60S-2.009 Credit for Previous Service.

    A member who has earned creditable service under state-administered retirement system and has terminated his or her employment without retiring, leaving his or her contributions on deposit, shall upon his or her return to employment under the Florida Retirement System, receive credit for all previous service in accordance with the provisions of the retirement system under which the service was earned. Additional service earned under the Florida Retirement System shall be added to all of his or her previous service and used in the calculation of any benefits which may be payable in accordance with Chapter 60S-4, F.A.C. No application or additional contributions shall be required to claim credit for previous service, except as provided in Rule 60S-2.013, F.A.C., for a member who upgrades previous service within the purview of the Elected Officers’ Class, or the Senior Management Service Class, or Special Risk Class.

    Rulemaking Specific Authority 121.031 FS. Law Implemented 121.011(3) FS. History–New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Formerly 22B-2.09, Amended 5-15-91, Formerly 22B-2.009, Amended 4-5-95,________.

     

    60S-2.013 Credit for Upgraded Previous Service.

    (1) A current or former member of the Elected Officers’ Class, or former elected officer as provided in paragraph (b) may upgrade to the Elected Officers’ Class creditable service earned as an elected officer within the purview of that class as provided in subsection 60S-1.0055(1), F.A.C., by notifying the Division in writing of his or her desire to receive credit for such service and making the required contributions in accordance with Rule 60S-3.013, F.A.C. Such creditable service shall include:

    (a) Service earned in any state-administered retirement system prior to the officer’s membership in the Elected Officers’ Class; or

    (b) Service earned by a member who served after the applicable subclass of the Elected Officers’ Class was established, where the officer chose to participate in a membership class of the Florida Retirement System other than the Elected Officers’ Class;

    (c) Service as a county solicitor, elected county prosecuting attorney, county judge, judge of a court of record, judge of a criminal or civil court of record, or judge of any metropolitan court established pursuant to section 6 of Article VIII of the State Constitution, judge of a small claims court or justice of the peace. Such service may be upgraded by a member of the Elected Officers’ Class.

    (2) A member of the Senior Management Service Class as provided in subsection 60S-1.0057(1), F.A.C., who has earned creditable service within the purview of the Senior Management Service Class may purchase additional retirement credit in the Senior Management Service Class for such service retroactive to February 1, 1987, provided that:

    (a) He or she notifies the Division in writing of his or her desire to receive credit for such service, and

    (b) The required contributions are made in accordance with Rule 60S-3.013, F.A.C.

    (3) If the member does not claim credit for all of the previous service as provided in subsection (1), (2), (5), and (6) and (7), the service claimed must be the most recent period of service.

    (4) A reemployed retiree with renewed membership in the Senior Management Service Class who has earned post-retirement creditable service in the Regular Class which was within the purview of the Senior Management Service Class may purchase additional retirement credit in the Senior Management Service Class, as provided in subsection (2), for such service from February 1, 1987 through June 30, 1997. Such service may be used toward a second career benefit as provided in Rule 60S-1.0045, F.A.C.

    (5) A state attorney or state public defender in the Elected Officers’ Class may purchase additional retirement credit in the Senior Management Service Class for previous service as an assistant state attorney or assistant state public defender in accordance with subsection (2).

    (6) A Special Risk Class member may upgrade to the Special Risk Class previous service that included fire prevention or firefighter training within the purview of the Special Risk Class as provided in subsection 60S-1.0052(2), F.A.C., provided that:

    (a) He or she notifies the Division in writing of his or her desire to receive credit for such service, and

    (b) The required contributions are made in accordance with subsection 60S-3.013(4) 60S-3.012(4), F.A.C.

    (7) A Special Risk Class member may upgrade to the Special Risk Class previous service as a medical technician or paramedic within the purview of the Special Risk Class as provided in Rule 60S-1.00535, F.A.C., provided that:

    (a) He or she notifies the Division of his or her desire to receive credit for such service; and

    (b) The required contributions are made in accordance with subsection 60S-3.013(5), F.A.C.

    (8) A Special Risk Class member may upgrade to the Special Risk Class previous service in a forensic discipline within the purview of the Special Risk Class as provided in Rule 60S-1.00539, F.A.C., provided that:

    (a) He or she notifies the Division of his or her desire to receive credit for such service; and

    (b) He or she is employed in a forensic discipline meeting the Special Risk Class criteria of subsection 60S-1.00539(2), F.A.C.; and

    (c) The previous service to be upgraded meets the Special Risk Class criteria of subsection 60S-1.00539(2), F.A.C.; and

    (d) The cost to upgrade such previous service, pursuant to Section 121.0515(9)(c), F.S., is paid in full within 60 days of the date on the Division’s notification of such cost to the member.

    Rulemaking Specific Authority 121.052(7) FS. Law Implemented 121.052, 121.055 FS. History–New 10-20-72, Amended 12-31-74, 1-16-77, 7-1-79, 8-26-81, 4-17-85, Formerly 22B-2.13, Amended 3-11-87, 9-5-90, 5-15-91, 11-14-91, Formerly 22B-2.013, Amended 4-5-95, 2-24-99, 8-13-03,________.

     

    60S-2.015 Value of Each Year of Creditable Service.

    (1) No change.

    (2) Each complete year of creditable service earned and claimed under the Florida Retirement System shall have the percentage value indicated below, which shall represent the percentage of the member’s average final compensation (AFC) that each complete year of creditable service having that same percentage value shall entitle him or her to receive under Option 1 upon his or her normal retirement:

    (a) Each year of creditable service as a Regular Class regular member shall be worth:

    1.60% of AFC when retiring at age 62

    1.63% of AFC when retiring at age 63

    1.65% of AFC when retiring at age 64

    1.68% of AFC when retiring at age 65 or over, not to exceed 1.68%;

    OR

    1.60% of AFC when retiring with 30 years of creditable service

    1.63% of AFC when retiring with 31 years of creditable service

    1.65% of AFC when retiring with 32 years of creditable service

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

    (b) Each year of creditable service earned as a Special Risk Class special risk member shall be worth:

    2% of AFC for service from December 1, 1970 through September 30, 1974;

    3% of AFC for service from October 1, 1974 through September 30, 1978;

    2% of AFC for service from October 1, 1978 through December 31, 1988;

    2.2% of AFC for service from January 1, 1989 through December 31, 1989;

    2.4% of AFC for service from January 1, 1990 through December 31, 1990;

    2.6% of AFC for service from January 1, 1991 through December 31, 1991;

    2.8% of AFC for service from January 1, 1992 through December 31, 1992; and

    3% of AFC for service on and after January 1, 1993.

    Effective July 1, 2000, for members retiring after that date, 3% of AFC for service on and after October 1, 1978.

    (c) Each year of creditable service as a Special Risk Class Administrative Support Class special risk administrative support member shall be worth:

    When the member has satisfied the vesting requirements for the Special Risk Class but has less than 25 years of creditable Special Risk Class Administrative Support Class special risk administrative support and Special Risk Class special risk service, the Special Risk Class Administrative Support Class administrative support service shall be worth:

    1.60% of AFC at age 55

    1.63% of AFC at age 56

    1.65% of AFC at age 57

    1.68% of AFC at age 58 or over, not to exceed 1.68%;

    OR

    When retiring with 25 or more years of creditable Special Risk Class Administrative Support Class special risk administrative support and Special Risk Class Special risk service that includes credit for military service, the Special Risk Administrative Support Class administrative support service shall be worth the greater of:

    1.60% of AFC with a minimum of 25 years of creditable service at age 52 or older, or

    1.63% of AFC with a minimum of 26 years of creditable service at age 53 or older, or

    1.65% of AFC with a minimum of 27 years of creditable service at age 54 or older, or

    1.68% of AFC with a minimum of 28 years of creditable service at age 55 or older, not to exceed 1.68%;

    OR

    When retiring with 25 or more years of creditable Special Risk Administrative Support Class special risk administrative support and Special Risk Class special risk service, regardless of age, the Special Risk Administrative Support Class administrative support service shall be worth:

    1.60% of AFC with 25 years of creditable service

    1.63% of AFC with 26 years of creditable service

    1.65% of AFC with 27 years of creditable service

    1.68% of AFC with 28 or more years of creditable service, not to exceed 1.68%

    (d) Upon reaching normal retirement date, each year of creditable service as an elected state and county officer member shall be worth:

    1. 3-1/3% of his or her AFC 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;

    2. 3-1/3% of his or her AFC for service for which additional credit is purchased pursuant to Rule 60S-2.013, F.A.C., and which was earned in one of the positions listed in paragraph 60S-2.013(1)(c), F.A.C.;

    3. 3% of his or her AFC for any service in the Elected Officers’ Class other than as a justice or judge, or for such service upgraded as provided in paragraphs 60S-2.013(1)(a) and (b), F.A.C.

    (e) Each year of creditable service as a member of the Senior Management Service Class as provided in Rule 60S-1.0057, F.A.C., shall be worth: 2.00% of AFC for service on and after February 1, 1987 or the effective date of membership in the Senior Management Service Class, whichever is later, or for such service upgraded as provided in subsection 60S-2.013(2), F.A.C.

    Rulemaking Specific Authority 121.031 FS. Law Implemented 121.091(1), 121.021, 121.052(10), 121.055 FS. History–New 10-20-72, Amended 12-31-74, 7-21-75, 7-1-79, 1-18-83, 5-11-83, 2-6-84, 4-17-85, Formerly 22B-2.15, Amended 1-12-87, 2-7-89, 9-5-90, 5-15-91, Formerly 22B-2.015, Amended 1-25-94, 4-5-95, 8-13-03,________.

     

    60S-2.016 Credit for Periods of Suspension Without Pay or Rescinded Dismissal.

    (1) A member who has been or is suspended without compensation and is later reinstated and who is not retired, may receive retirement credit for the period of suspension without compensation provided:

    (a) The creditable service claimed for the period of suspension does not exceed 2 years;

    (b) The member returns to active employment and remains on the employer’s payroll for at least one calendar month 30 calendar days; and

    (c) The member pays the total required contributions in accordance with subsection 60S-3.014(1), F.A.C. A period of suspension without compensation will not be considered a break in service if the member elects to purchase credit for the entire period of suspension.

    (2) No change.

    Rulemaking Specific Authority 121.031 FS. Law Implemented 121.011(3)(e), (g) FS. History–New 1-16-77, Formerly 22B-2.16, 22B-2.016, Amended 2-24-99,________.

     

    60S-2.019 Credit for Unreported Service.

    Retirement credit for service that was performed after December 1, 1970 under the Florida Retirement System and, due to error, was never reported to the Division as required in Rule 60S-3.011, F.A.C., may be claimed by a member of the Florida Retirement System provided:

    (1) The unreported service was performed by an employee filling a regularly established position based on the definition in effect at the time of the service as follows:

    (a) A regularly established position during the period from January 1, 1972 December 1, 1970 through June 30, 1979 was any position authorized in an employer’s approved budget for which salary funds were specifically appropriated to pay the salary of the position. Included within this definition were temporary, part-time, full-time, probationary, and seasonal employment positions. Not included within this definition was any position the salary for which was derived from a fund for Other Personal Services or from any account or sub-account other than the regular salary account which was the source of funds for the salaries of those positions which were regularly established and reported to the Division.

    (b) A regularly established position after June 30, 1979 through September 4, 1990 is any position that qualifies under the definition provided in subsection 60S-6.001(58)(46), F.A.C., except that a regularly established position in a local agency is one that is in existence for a period beyond four consecutive calendar months instead of six calendar months.

    (c) A regularly established position after September 4, 1990 is any position that qualifies under the definition provided in subsection 60S-6.001(58), F.A.C.

    (2) through (4) No change.

    Rulemaking Specific Authority 121.031 FS. Law Implemented 121.021, 121.081 FS. History–New 3-11-87, Formerly 22B-2.019, Amended_________.

     

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

    NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jack 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: 06-18-2010, Vol. 36/24

Document Information

Comments Open:
10/21/2011
Summary:
The amendments to this rule reflect the statutory changes allowing metropolitan planning organizations, public charter schools and public charter technical career centers to participate in the Florida Retirement System; the statutory changes regulating the purchase of past service credit by certain employees of the City of Jacksonville; the statutory changes identifying additional wartime military service dates that are eligible for purchase; and the statutory changes allowing certain special ...
Purpose:
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.
Rulemaking Authority:
121.031, 121.052(7), (14), 238.175(2) FS.
Law:
120.045, 121.011(3), 121.021, 121.031, 121.051, 121.0515, 121.052, 121.053, 121.055, 121.071, 121.081, 121.091, 121.111, 121.1115, 121.1122, 121.121, 121.122, 121.125, 121.65(2), 122.07, 238.06(4), 238.07, 238.175 FS.
Contact:
Garry Green, Operations and Management Consultant Manager, Department of Management Services, Division of Retirement, 1317 Winewood Blvd., Bldg. 8, Tallahassee FL 32399-1560, (850)488-5706
Related Rules: (12)
60S-2.002. Statements of Policy
60S-2.003. Credit for Past Service
60S-2.004. Credit for Prior Service
60S-2.0041. Credit Toward Special Risk Class Normal Retirement Date
60S-2.005. Credit for Military Service
More ...