Rule Chapter 60S-1, F.A.C., is being amended to incorporate statutory changes up through the 2010 Legislative session, delete obsolete language and make technical corrections.

DEPARTMENT OF MANAGEMENT SERVICES
Division of Retirement

RULE NO.: RULE TITLE:
60S-1.004: Participation
60S-1.0045: Renewed Membership in the Regular Class and Senior Management Service Class
60S-1.005: Special Risk Class; Legislative Intent and Procedures
60S-1.0051: Criteria for Special Risk Membership - Law Enforcement
60S-1.0052: Criteria for Special Risk Membership - Firefighters
60S-1.0053: Criteria for Special Risk Membership - Correctional Officers
60S-1.00535: Criteria for Special Risk Membership - Emergency Medical Technicians and Paramedics
60S-1.0054: Special Risk Administrative Support Class
60S-1.0055: Elected Officers' Class
60S-1.0057: Senior Management Service Class
60S-1.007: Admission of Cities and Special Districts to the Florida Retirement System

PURPOSE AND EFFECT: Rule Chapter 60S-1, F.A.C., is being amended to incorporate statutory changes up through the 2010 Legislative session, delete obsolete language and make technical corrections.

SUMMARY: The amendments set forth the available Florida Retirement System (FRS) plan choices as provided by statute and as administered by the Florida State Board of Administration (SBA) and incorporates by reference ten SBA plan election forms; adds references to metropolitan planning organizations, public charter schools and public charter technical career centers which are now statutorily permitted to participate in the FRS; incorporates by reference one new Division of Retirement form, two revised Division forms and five existing Division forms previously incorporated by reference under Rule 60S-9.001, F.A.C.; adds references to the closing of renewed membership to retirees of a state administered retirement systems who are initially reemployed on or after July 1, 2010; makes technical corrections to a regularly established position in a state agency; clarifies a regularly established position and a temporary position for a local agency, expands Special Risk Class membership criteria in accordance with statute and expands compulsory membership in the Elected Officers’ Class in accordance with statute.

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. Any person who 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.

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.

RULEMAKING AUTHORITY: 121.031, 121.0515, 121.052(14), 121.4501(8)(a) FS.
LAW IMPLEMENTED: 27.701, 112.0515, 112.25-.31, 121.011, 121.021, 121.031, 121.051, 121.0511, 121.0515, 121.052, 121.053, 121.055, 121.081, 121.091, 121.122, 121.23, 121.35, 121.355, 121.4501, 240.3195, 1012.875 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 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, (850)488-5706

THE FULL TEXT OF THE PROPOSED RULES IS:

60S-1.004 Participation.

(1) Compulsory Membership – Participation in the Florida Retirement System (FRS) shall be compulsory as a condition of employment for all officers and employees enumerated in the following paragraphs who are filling a regularly established position as described in subsection 60S-1.004(4), F.A.C., and defined in Rule 60S-6.001, F.A.C., (exceptions are provided in subsection 60S-1.004(2) or (3), F.A.C.). Such officers and employees shall participate in one of the five Florida Retirement System classes of membership. Members shall be assigned to the Regular Class unless eligible or required by virtue of the position held to be in the Special Risk Class as provided in Rule 60S-1.005, F.A.C., the Special Risk Administrative Support Class as provided in Rule 60S-1.0054, F.A.C., the Elected Officers’ Class as provided in Rule 60S-1.0055, F.A.C., or the Senior Management Service Class as provided in Rule 60S-1.0057, F.A.C. All such officers or employees initially enrolled into the FRS or initially enrolled as renewed members of the FRS as provided in Section 121.122 and 121.053, F.S., shall be enrolled, by default, into the defined benefit plan of the FRS more commonly referred to as the FRS Pension Plan as provided in Part I of Chapter 121, F.S., and may, by the last business day of the fifth month following his or her month of hire as provided in Section 121.4501, F.S., choose to elect enrollment into the defined contribution plan of the FRS more commonly referred to as the FRS Investment Plan as provided in Part II of Chapter 121, Florida Statutes. Such election may be filed with the Plan Choice Administrator as defined in subsection 60S-6.001(50), F.A.C., using one of the following State Board of Administration forms applicable to his or her membership class in the Florida Retirement System. The forms are: Form ELE-1-EZ (Rev. 07-11), an EZ Retirement Plan Enrollment form which is only for Regular Class, Special Risk Class, and Special Risk Administrative Support Class members; Form ELE-1 (Rev. 10-11), a General Retirement Plan Enrollment form for Regular Class, Special Risk Class, and Special Risk Class Administrative Support Class members; Form EOC-1 (Rev. 10-11), a form for Elected Officers’ Class members; Form OCC-1 (Rev. 10-11), a form for members eligible for participation in the State Community College Optional Retirement Program; Form ORP-16 (Rev. 10-11), a form for members eligible for participation in the State University System Optional Retirement Plan; Form SMS-1 (Rev. 10-11), a form for members eligible for participation in the Senior Management Service Optional Annuity Plan; and Form SMS-3 (Rev. 10-11), a form for members eligible for participation in a local retirement plan in lieu of the Senior Management Service Class all of which are herein incorporated by reference. The form appropriate to the employee’s membership class is available in the enrollment package which is sent to the employee’s address of record after the employee’s first reported payroll or by accessing the Division’s Web site (http://FRS.MyFlorida.com); or by calling toll free 1(866)446-9377, or for the hearing impaired 1(888)429-2160, or alternatively the employee may choose to submit a separate document in lieu of the form to file their election with the Plan Choice Administrator which at minimum shall provide the employee’s name, social security number and his or her plan election. After the period of initial FRS plan choice has expired, or the month following the receipt of the eligible employee’s plan election, if sooner, the employee’s plan choice is irrevocable except that the employee shall have one opportunity, at the employee’s discretion, to change plans as provided in Section 121.4501, F.S. Such election to change FRS plans may be made using one of the following State Board of Administration forms for ease of use for employees in the several membership classes of the Florida Retirement System. These forms are: Form ELE-2 (Rev. 10-11), 2nd Election Retirement Plan Enrollment Form; and Form ELE-2-EZ (Rev. 07-11), 2nd Election Retirement Plan Enrollment Form both of which are here in incorporated by reference. These forms can be obtained by accessing the Division’s Web site (http://FRS.MyFlorida.com); or by calling toll free 1(866)446-9377, or for the hearing impaired 1(888)429-2160, or alternatively the employee may choose to submit a separate document in lieu of the form to file their election with the Plan Choice Administrator which at minimum shall provide the employee’s name, social security number and his or her plan election.

(a) All officers and employees within any agency, branch, department, institution, university, institution of higher education, or board of the state, or any county agency, branch, department, board, district school board, or participating independent special district, or municipality of the state, metropolitan planning organization, public charter school or public charter technical career center.

(b) All officers and employees who were in the employ of an employer on December 1, 1970 but who were not eligible to participate in the existing systems except those employees who meet the criteria for optional membership as provided in subsection 60S-1.004(2) or prohibited membership as provided in subsection 60S-1.004(3), F.A.C.

(c) All members of the existing systems who elect to transfer to the Florida Retirement System in accordance with the procedures established by the Administrator. Any member of one of the existing systems who was on a noncreditable leave-of-absence under his or her existing system or the entire period of leave-of-absence was not claimed for retirement purposes, shall be a compulsory member of the Florida Retirement System unless the member’s account was not adjusted prior to July 1, 1978 when the statutes were amended as provided in paragraph 60S-1.004(3)(b), F.A.C.

(d) Any member, as provided in paragraph 60S-1.004(2)(f), F.A.C., who fails within 6 months of reemployment to make written notification to the Division of his or her intention to remain in the existing system.

(e) Officers and employees of a covered group of a city, independent or special district, metropolitan planning organization, public charter school or public charter technical career center which is approved for participation in the Florida Retirement System. Such officers and employees shall be compulsory members as follows:

1. If the participating city, independent or special district, metropolitan planning organization, public charter school or public charter technical career center did not have a local retirement system at the time it was approved for participation in the Florida Retirement System, all present and future officers and employees shall be covered.

2. If the participating city, independent or special district, metropolitan planning organization, participating public charter school or public charter technical career center had a local retirement system at the time it was approved for membership in the Florida Retirement System, all officers and employees who elect to transfer to the Florida Retirement System shall be covered and all future officers and employees shall be covered.

(f) All officers or employees of a covered group of a city or independent special district, who are members of a local retirement system established in accordance with Chapter 175 or 185, F.S., may elect coverage under the Florida Retirement System by a majority of such officers and employees in a referendum held for that purpose. Upon establishing membership in the Florida Retirement System for the covered group, all officers or employees hired thereafter shall be compulsory members of the FRS. Existing officers and employees shall be subject to paragraph 60S-1.004(2)(h), F.A.C.

(g)(f) All former members of existing systems who terminated employment and received a full or partial refund of retirement contributions; and

1. Returns to covered employment after November 30, 1970 and prior to July 1, 1988; or

2. Returns to covered employment on or after July 1, 1988 after terminating all employment relationships as provided in subsection 60S-6.001(69), F.A.C., subsection 60S-6.001(62), F.A.C., and remaining terminated from all covered employment for at least 12 months.

(g) All officers or employees of a covered group of a city or special district who are members of a local retirement system established in accordance with Chapter 175 or 185, F.S., may elect coverage under the Florida Retirement System by a majority of such officers and employees in a referendum held for that purpose. Upon establishing membership in the Florida Retirement System for the covered group, all officers or employees hired thereafter shall be compulsory members of the FRS. Existing officers and employees shall be subject to paragraph 60S-1.004(2)(h), F.A.C.

(h) All blind or partially-sighted persons who are employed or licensed by the Bureau of Blind Services as vending facility operators on or after December 1, 1970 and prior to July 1, 1996. Such persons who were members during that period shall remain compulsory members of the Florida Retirement System for as long as the member is a vending facility operator, unless such member makes an irrevocable election on or before July 31, 1996, to withdraw from the Florida Retirement System or unless retirement contributions are not paid as required in Rule 60S-3.003, F.A.C.

(i) All regular receivership employees of the Division of Rehabilitation and Liquidation, Department of Insurance.

(j) All members who were employed with a city, independent special district, or hospital when such employer entity revoked its participation in the Florida Retirement System on January 1, 1996, as provided by Section 121.0511, or 121.051(2)(b)5., F.S. Such members shall remain as members of the Florida Retirement System for as long as they are continuously employed with that same employer entity.

(k) Effective July 1, 1996, the following employees of a dependent governmental entity within the jurisdiction of an independent participating agency that has failed to report such employees for membership in the Florida Retirement System as required under this chapter, shall become compulsory members of the Florida Retirement System:

1. Employees that were hired on or after July 1, 1996;

2. Employees as of June 30, 1996, who were not participating in a retirement plan provided by the dependent entity. Any such employees who, on June 30, 1996, were participating in a retirement plan provided by the dependent entity shall elect, in writing, to participate in the Florida Retirement System or to remain in the retirement plan provided by the dependent entity, effective July 1, 1996.

(l) All employees of a public charter school or charter technical career center, the governing body of which has elected to participate in the Florida Retirement System.

(2) Optional Membership – Participation in the Florida Retirement System shall be optional for all officers and employees enumerated in the following paragraphs who are filling a regularly established position as described in subsection 60S-1.004(4) and defined in Rule 60S-6.001, F.A.C.

(a) All members of the State and County Officers and Employees’ Retirement System, the Teachers’ Retirement System, and the Highway Patrol Pension System, when membership in the Florida Retirement System is made available by act of the State Legislature which has occurred during the following periods:

1. October 15, 1970 through November 30, 1970; membership effective December 1, 1970.

2. April 15, 1971 through May 31, 1971; membership effective June 1, 1971.

3. April 15, 1972 through June 30, 1972; membership effective July 1, 1972, retroactive to December 1, 1970.

4. September 1, 1974 through November 30, 1974; membership effective January 1, 1975.

5. September 1, 1978 through November 30, 1978; membership effective January 1, 1979.

6. January 2, 1982 through May 31, 1982; membership effective July 1, 1982.

7. January 1, 1991 through May 29, 1991, for those members who were not employed in a covered position or on a creditable leave-of-absence during the periods described in 1. through 6. above, and were never reemployed before July 2, 1978 or after June 29, 1983 when transfer upon reemployment was allowed; membership effective July 1, 1991.

(b) Members of the existing systems who were not given an opportunity to transfer to the Florida Retirement System because they were on a creditable leave-of-absence under their existing retirement system. Such members shall be given an opportunity to transfer to the Florida Retirement System immediately upon termination of their leave of absence and return to duty, and shall indicate on the application their election to remain in the existing system or transfer to the Florida Retirement System.

(c)1. Employees filling a position classified as eligible for membership in the State University System Optional Retirement Program (SUSORP) shall by default be enrolled prospectively into the SUSORP upon such employment except that participants of the FRS Investment Plan who fill such positions shall not be prospectively enrolled into the SUSORP unless the position is a mandatory SUSORP position as provided in Section 121.051(1)(a), F.S. for the State University System and who choose membership in the Florida Retirement System within 90 days of employment, as provided in Section 121.35, F.S., and Chapter 60U, F.A.C.

2. Employees enrolled by default into the SUSORP, except for those filling a mandatory SUSORP position, may choose between membership in the Florida Retirement System or participation in the SUSORP within 90 days of employment by filing such election in writing with the Plan Choice Administrator as defined in subsection 60S-6.001(50), F.A.C., not later than 4:00 p.m. Eastern Time on the 90th day from the employee’s date of hire into the SUSORP eligible position in accordance with Sections 121.35 and 121.4501, F.S., and Rule 19-11.006, F.A.C., and may file such election using the State Board of Administration’s designed form for ease of use; Form ORP-16, State University System Optional Retirement Program (SUSORP) Retirement Plan Enrollment Form adopted by reference in subsection (1), or alternatively the employee may choose to submit a separate document in lieu of Form, ORP-16, to file their election with the Plan Choice Administrator which at minimum shall provide the employee’s name, social security number and his or her plan election.

3. Employees who file an election to participate in the SUSORP, other than mandatory SUSORP participants who must elect this option, must also execute a contract with a SUSORP provider company no later than the 90th day from the employee’s date of hire into the SUSORP eligible position in accordance with Sections 121.35 and 121.4501, F.S., and Rule 19-11.006, F.A.C., or shall by default have membership in the FRS commencing with the date of employment into the SUSORP-eligible position. Mandatory SUSORP participants must execute a contract with a SUSORP provider company otherwise contributions will not be allocated to a SUSORP provider company.

4. Employees enrolled by default in the SUSORP, except for mandatory SUSORP participants, who do not elect SUSORP participation and/or who do not execute a provider contract within the 90-day period as provided in sub-paragraph 2., shall by default have membership in the FRS Pension Plan commencing with the date of employment into the SUSORP-eligible position.

5. An election to participate in SUSORP is irrevocable for as long as an employee remains in the SUSORP-eligible position.

(d) Employees filling a position classified as eligible for participation in the Senior Management Service Optional Annuity Program as provided in Section 121.055, F.S., and Chapter 60V, F.A.C., shall within the 90-day period of the commencement of such employment have the option of prospectively participating in the Senior Management Service Optional Annuity Program (SMSOAP) in lieu of participating in the FRS as provided in Sections 121.055 and 121.4501, F.S.

1. An election to participate in the SMSOAP, must be made in writing to the Plan Choice Administrator as defined in subsection 60S-6.001(50), F.S., no later than the 90th day after the date of hire which requires the selection to be made not later than 4:00 p.m. Eastern Time on the 90th day from the employee’s date of hire in accordance with Sections 121.055 and 121.4501, F.S., and Rule 19-11006, F.A.C.

2. SMSOAP-eligible employees who wish to participate in the SMSOAP, may file their election in writing to the Plan Choice Administrator using the State Board of Administration designed form for ease of use; Form SMS-1, State Senior Management Service Employees Retirement Plan Enrollment Form, adopted by reference in subsection (1), or alternatively the employee may choose to submit a separate document in lieu of Form SMS-1, to file their election with the Plan Choice Administrator which at minimum shall provide the employee’s name, social security number and his or her plan election.

3. An election to participate in SMSOAP is irrevocable for as long as an employee remains in the SMSOAP-eligible position except as provided in Section 121.055(6)(c)5., F.S.

(e) Any elected officer eligible for membership in the Elected Officers’ Class as provided in paragraph 60S-1.0055(2)(b), F.A.C., may within the first six months of assuming office choose to:

1. Withdraw from the Florida Retirement System altogether, which means that the employee will not participate in the Florida Retirement System or any retirement plan offered by his or her employer; that the effective date of the election will be the date he or she assumed elected office; and that the employee can rejoin the Elected Officers’ Class during a term of office upon written request.

2. Join the Senior Management Service Class of the FRS in lieu of participating in the Elected Officers’ Class of the FRS as provided in Section 121.055. F.S., wherein;

a. State elected officers who elect to participate in the Senior Management Service Class would be eligible to elect to participate prospectively in the Senior Management Optional Annuity Program in lieu of the FRS within the first 90-day period of participation in the Senior Management Service Class as provided in paragraph (d).

b. Local elected officers who elect to participate in the Senior Management Service Class would be eligible to elect to withdraw from the Florida Retirement System to participate in a local retirement program within the first 90-day period of participation in the Senior Management Service Class.

3. An elected officer may file their election in writing to the Plan Choice Administrator as defined in subsection 60S-6.001(50), F.A.C., no later than the last business day of the 6th month after assuming elected office in accordance with Sections 121.055 and 121.4501, F.S. and Rule 19-11.006, F.A.C., using the SBA designed form for ease of use; Form EOC-1, Elected Officers’ Class Retirement Plan Enrollment Form, adopted by reference in subsection (1) or alternatively the employee may choose to submit a separate document in lieu of Form EOC-1, to file their election with the Plan Choice Administrator which at minimum shall provide the employee’s name, social security number and his or her plan election.

(f) Any member of an existing system or any member retired under the disability provisions of the Teachers’ Teacher’s Retirement System who recovers and terminates his or her benefit, and

1. Who returns to employment on or after June 30, 1983 and prior to July 1, 1988; or

2. Who has terminated all employment relationships as provided in subsection 60S-6.001(69), F.A.C., subsection 60S-6.001(55), F.A.C., remains terminated from all covered employment for at least 12 months and returns to covered reemployment on or after July 1, 1988. Such member shall have the option of transferring to the Florida Retirement System or remaining in the existing system. To remain in the existing system the member shall, within 6 months of reemployment, make written notification to the Division of his or her intention to remain in the existing system. Such written notification may be made using Division of Retirement designed form for ease of use, Form BLE-1 (Rev 08/99), herein adopted by reference, or alternatively the employee may choose to submit a separate document in lieu of Form, BLE-1, to file their written notification with the Division which at minimum shall provide the employee’s name, social security number and his or her plan election. Failure to submit notification shall result in compulsory membership in the Florida Retirement System as provided in paragraph 60S-1.004(1)(d), F.A.C., (See also paragraphs 60S-1.004(1)(g)(f), (3)(b) and (3)(f), F.A.C.)

(g) Those employees who specifically rejected membership in an existing retirement system prior to July 1, 1947, when the employees were given this option by law, and who continue employment without participating in the Florida Retirement System may withdraw their rejection in writing and, if otherwise eligible, participate in the Florida Retirement System. Such employee shall notify the Division of Retirement in writing of his or her desire to withdraw his or her rejection and to become a member of the Florida Retirement System. The Division shall then notify the employing agency to enroll the employee in the Florida Retirement System effective the first day of the month following the month during which the Division received notification of the employee’s withdrawal of rejection.

(h) Officers or employees of a covered group of a city or independent special district, who are members of a local retirement system established in accordance with Chapter 175 or 185, F.S. All such officers and employees who elect coverage under the Florida Retirement System shall be compulsory members of the Florida Retirement System, provided a majority of such officers and employees elect such coverage in a referendum held for that purpose.

(i) Any member of a local retirement system whose employer becomes a covered group, except as provided in paragraph (h).

(j) Any employee Employees filling a position classified as eligible for participation in the State Community College System Optional Retirement Program (CCORP) of the State Community College System as provided in Section 121.051, and 1012.875, 240.3195, F.S.

1.a. Prior to July 1, 2003, an employee filling a CCORP eligible position, within 60 days of the date of qualifying employment, had the option of prospectively participating in the CCORP.

b. On or after July 1, 2003 and through December 31, 2008, an active CCORP participant, having made election to participate in the CCORP prior to July 1, 2003, may file an election in writing with the Plan Choice Administrator as defined in subsection 60S-6.001(50), F.A.C., to transfer the sum representing the Present Value of the FRS Pension Plan service credit that resulted from that period(s) of time when the participant first became eligible to transfer to the CCORP and the effective date of such election as provided in Section 121.051(2)(c)7., F.S. Transfer of this sum will nullify service credit for that period under the FRS Pension Plan. Such election may be filed in writing to the Plan Choice Administrator as defined in subsection 60S-6.001(50), F.A.C., in accordance to Section 121.4501, F.S., and Rule 19-11.006, F.A.C., using the State Board of Administration designed form for ease of use; Form OCC-2 (Rev. 10-11), “Retirement Plan Conversion Form for Community College Optional Retirement Program (CCORP) Members”, herein incorporated by reference. This form is available on the Division’s Web site (http://FRS.MyFlorida.com); or by calling toll free (866)446-9377, or for the hearing impaired 1(888)429-2160, or alternatively the employee may choose to submit a separate document in lieu of Form OCC-2, to file their election with the Plan Choice Administrator which at minimum shall provide the employee’s name, social security number and his or her plan election.

2. On or after July 1, 2003, an employee filling a CCORP eligible position, within 90 days of qualifying employment, shall have the option of electing to participate in the CCORP.

a. For an employee initially enrolled into the FRS as a result of CCORP-eligible employment, such election will be retroactive to the date of eligible employment.

b. For an employee who became eligible as a result of transfer to a CCORP-eligible position, such election will be effective the first day of the month for which a full month’s participation in the CCORP could have occurred within the 90-day election window.

c. To file an election to participate in the CCORP, such election must be made in writing to the Plan Choice Administrator and to the employer, the eligible employee may use the State Board of Administration’s designed form for ease of use; Form OCC-1, “Community College Optional Retirement Program (CCORP) Retirement Plan Choice Form for Eligible Employees,” adopted by reference in subsection (1), or alternatively the employee may choose to submit a separate document in lieu of Form OCC-1, to file their election with the Plan Choice Administrator which at minimum shall provide the employee’s name, social security number and his or her plan election.

3. An election to participate in the CCORP is irrevocable except that, effective July 1, 2003, an active participant can, at his or her discretion within the terms of his or her State Community College Optional Retirement Program contract, exercise a one-time opportunity to transfer to the FRS Pension Plan or participate prospectively in the FRS Investment Plan by filing such election in writing with the Plan Choice Administrator, the eligible employee may use the State Board of Administration’s designed form for ease of use; Form OCC-2 “Retirement Plan Conversion Form for Community College Optional Retirement Program (CCORP) Members” or alternatively the employee may choose to submit a separate document in lieu of Form OCC-2, to file his or her election with the Plan Choice Administrator which at minimum shall provide the employee’s name, social security number and his or her plan election.

4. An employee who fills a CCORP-eligible position who does not make an election to participate in the CCORP within his or her election window, forfeits eligibility to participate in the CCORP and defaults to FRS membership.

(k) The sheriff, or circuit court clerk or mayor of a consolidated government as provided in Section 121.052(2)(d) and (5)(d), F.S.

(3) Membership Not Permitted – Participation in the Florida Retirement System shall not be permitted for:

(a) A person who has retired under the disability provisions of a state-administered retirement system except as provided in subsection 60S-4.007(8), F.A.C.

(b) Any member of an existing system on or after July 1, 1978 and prior to June 30, 1983 who terminated employment without receiving a total or partial refund of contributions. Such member shall remain a member of the existing system. See also (1)(f) and (2)(e).

(c) Officers and employees of any nonprofit association or corporation; however, all officers and employees of the University Athletic Association, Inc. participating in a state-supported retirement system prior to July 1, 1979, shall continue membership in such system, except those who chose in writing between July 1, 1979 and March 30, 1980 to terminate participation in the Florida Retirement System in accordance with Section 121.051(2)(a)1., F.S.

(d) Any person participating in the State University System Optional Retirement Program (SUSORP) for the State University System in accordance with paragraph 60S-1.004(2)(c), F.A.C.

(e) Any person participating in the Senior Management Service Optional Annuity Program in accordance with paragraph 60S-1.004(2)(d), F.A.C., except as provided in Section 121.055(6)(c)5., F.S.

(f) Any member of an existing system who is reemployed on or after July 1, 1988 within 12 months after terminating all employment relationships as provided in subsection Rule 60S-6.001(69), F.A.C. (Termination), regardless of whether he or she received a full or partial refund of retirement contributions. Such member shall remain a member of the existing system except as provided in Rules 60S-1.0055 and 60S-1.0057, F.A.C. (See also paragraphs 60S-1.004(1)(f), (7)(2)(f), and (8)(3)(b), F.A.C.)

(g) Any person performing services as a consultant or an independent contractor as defined in subsection Rule 60S-6.001(33), F.A.C. The determination of the employment classification of a person as an employee or an independent contractor is solely within the jurisdiction of the Division. To establish whether a person is an independent contractor or an employee, a determination may be requested from the Division, Bureau of Enrollment and Contributions. The determination will be based in substantial part on information furnished on Form ERQ‑1 (Rev. 09/08) 420-035, Florida Retirement System Pension Plan Employment Relationship Questionnaire for Retirees Within the 2nd – 12th Months, herein adopted by reference adopted in Rule 60S-9.001, F.A.C., which the employing agency and the person performing the services must each complete and submit to the Division for a determination. Retroactive adjustments of retirement contributions will be required by any agency that improperly excludes or enrolls a person.

(h) Any person appointed on or after July 1, 1989, to a faculty position in a college at the J. Hillis Miller Health Center at the University of Florida or the Medical Center at the University of South Florida which has a faculty practice plan provided by rule adopted by the Board of Governors Regents; or its predecessors. Effective July 1, 2007, any person appointed to a faculty position, including clinical faculty, in a college at a state university that has a faculty practice plan authorized by the Board of Governors. Such person must shall participate in the State University System Optional Retirement Program based on such service as provided in subsection 60U-1.004(4), F.A.C. and in accordance with Section 121.051(1), F.S.

(i) Any person participating in the Community College Optional Retirement Program of the State Community College System in accordance with Sections 121.051 and 1012.875 240.3195, F.S.; except as provided in subparagraph 60S-1.004(2)(j)3., F.A.C., and Section 121.051(2)(c)3., F.S.

(j) Any person initially employed on or after January 1, 1996, by a city, independent special district, or hospital that revoked its participation in the Florida Retirement System on that date. Such person shall participate in a retirement plan established by the employer in accordance with Section 121.0511, or 121.051(2)(b)5., F.S.

(k) All blind or partially-sighted persons who are employed or licensed by the Bureau of Blind Services as vending facility operators on or after July 1, 1996; and any such persons who were members prior to July 1, 1996, who make an irrevocable election on or before July 31, 1996, to withdraw from the Florida Retirement System, and any such persons for whom retirement contributions are not paid as required in Rule 60S-3.003, F.A.C.

(l) All employees of a not-for-profit corporation or association created by the Board of County Commissioners of Palm Beach County for the purpose of owning, operating, or managing a public bus transit system formerly operated or managed by a private corporation subject to 49 U.S.C., Section 5333(b), F.A.C.

(m) All employees of a private charter school or charter technical career center; and all independent contractors who, either as individuals or as members of a group, contract their services to a public charter school or charter technical career center.

(n) Any retiree of a state administered retirement system initially reemployed on or after July 1, 2010, is not eligible for renewed membership as provided in Sections 121.122 and 121.053, F.S.

(o) Any retiree of a state administered retirement system who is working for a non-participating FRS employer which joins the FRS on or after July 1, 2010, is ineligible for renewed membership in the Florida Retirement System as provided in Sections 121.122 and 121.053, F.S.

(4) Membership in the Florida Retirement System shall be compulsory if the employee is filling a full-time or part-time regularly established position; except for State University System Optional Retirement Program (SUSORP)-eligible and mandatory SUSORP employees as provided in Section 121.35, F.S., and paragraph 60S-1.004(2)(c), F.A.C.; Senior Management Service Optional Annuity Program (SMSOAP)-eligible employees as provided in Section 121.055 and 121.4501, F.S., and paragraph 60S-1.004(2)(d), F.A.C.; elected officers eligible for membership in the Elected Officers’ Class as provided in Section 121.052, F.S., and paragraph 60S-1.004(2)(e), F.A.C.; and CCORP-eligible employees as provided in Sections 121.051 and 1012.875, F.S., and paragraph 60S-1.004(2)(j), F.A.C. An employee filling a regularly established position shall be enrolled on the first day of employment, even if the employee is serving a probationary period, or working part-time. A position meeting the definition below shall be considered a regularly established position. An elected official (with the exception of those listed in subparagraph 60S-1.004(5)(d)7., F.A.C.), shall be considered to be filling a regularly established position on the date he or she is commissioned or assumes office.

(a) A regularly established position in a state agency is a position that which is authorized and established pursuant to law and is compensated from a salaries and benefits appropriation pursuant to Section 216.011(1)(mm), F.S., or a position established pursuant to Section 216.262(1)(a) and (b), F.S., and is compensated from either a salaries and benefit appropriation pursuant to Section 216.011(1)(mm), F.S., or from a salaries account as provided for in Section 216.011(1)(nn), F.S. 216.011(1)(z)1. and 2., F.S., or a salaries account as provided for in Rule 3A-10.031, F.A.C.

(b) A regularly established position in a local agency (district school board, county agency, community college, city, independent or special district, metropolitan planning organization, or participating public charter school or charter technical career center) is an employment position which will be in existence beyond 6 consecutive calendar months. A local agency, when establishing an employment position, except for positions identified in sub-subparagraphs 60S-1.004(4)(c)7.a. and 8.a., F.A.C. or paragraph 60S-1.004(5)(d), F.A.C., should determine if the position will exist beyond 6 consecutive calendar months. If it will, then it is a regularly established position. If it will not, then it is a temporary position. A position which exists for any part of a month is considered to be in existence for the entire month. A local agency shall not use the 6 month period as a means for not making the required retirement contributions into the Florida Retirement System trust fund. Records documenting the intended length of a temporary position and the dates of employment of an employee in such position must be maintained by the agency.

1. through 6. No change.

7.a. CETA participants employed from July 1, 1979 through September 30, 1983, under the Federal Comprehensive Employment and Training Act and JTPA participants employed on or after October 1, 1983, under the Job Training Partnership Act shall be considered to be filling a temporary position for retirement purposes.

b. CETA participants employed prior to July 1, 1979 who are already covered for retirement may continue to have retirement coverage for the duration of their participation in the CETA program.

c. through d. No change.

8. No change.

(5) An employee who is filling a temporary position shall not be eligible for membership in the Florida Retirement System. Records documenting the intended length of a temporary position and the dates of employment of an employee in such position must be maintained by the agency. An employer employing a person in a temporary position shall advise the employee at the time of his or her employment that he or she is filling a temporary position and cannot participate in the Florida Retirement System or claim this temporary employment later for retirement purposes. A position shall not be considered temporary due to the uncertainty of the employee’s intention to continue employment. A position meeting the definition below shall be a temporary position.

(a) A temporary position in a state agency is an employment position which is compensated from an other personal services (OPS) account as provided for in Section 216.011(1)(dd)(x), F.S.

(b) A temporary position in a local agency is:

1. An employment position which will not exist beyond 6 consecutive calendar months; or

2. An instructional position which is established with no guarantee of continuation beyond one term to teach in a community college, a district school board public school, a participating public charter school or a participating public charter technical career center; effective July 1, 1991, such a position may include a paper grader, tutor, note taker, and a lab tutor at community colleges; or

2. An employment position which is listed below in (d) regardless of whether it will exist beyond 6 consecutive months.

(c) When an employment position in a local agency is extended beyond 6 consecutive calendar months, with the exception of those listed in paragraph (d) below, it shall become a regularly established position for retirement purposes and the employer shall enroll the current employee and all subsequent employees filling the position into the retirement system and shall begin to make the necessary contributions on the first day of the seventh calendar month, or on the first day of the month following the month in which the decision is made to extend the position beyond 6 months, if earlier. When a temporary position extends beyond 6 months and there is no documentation substantiating that the position was originally established as a temporary position to last for 6 months or less, the employee filling such position will be enrolled from the initial date of employment and retirement contributions shall be due retroactively to that date.

3.(d) Any of the The following types of positions wherein documentation in a local agency are considered temporary positions for retirement purposes. Documents to support such temporary positions is listed below must be maintained by the agency in the employee’s personnel agency’s record or in the absence of the same, other agency documentation deemed acceptable by the division (see subsection 60S-5.007(2), F.A.C.).

a.1. Student Positions (positions filled by persons who are bona fide students in an accredited educational or vocational program who perform services for a public employer in a temporary position set aside strictly for students).

b.2. Work-Study Positions (positions filled by students participating in the Federal work-study program).

3. Temporary Instructional Positions (positions which are established with no expectation of continuation beyond one semester or one trimester at a time, to teach in a community college, public school, or vocational institution; effective July 1, 1991, such positions may include paper graders, tutors, notetakers, and lab tutors at community colleges).

c.4. Substitute teacher Teacher Positions (positions filled by persons not on contract called to work intermittently to substitute).

d.5. On call Call Positions (positions filled by employees who are called to work unexpectedly for brief periods and whose work employment ceases when the job is completed purpose for being called is satisfied). If an employee has a work schedule and works consistently month after month, he or she is not considered to be filling an on call position.

e.6. CETA and JTPA Positions, and “enrollees” in Senior Community Service Employment Program of the USDA as provided in sub-subparagraphs 60S-1.004(4)(c)7.a. and 8.a, F.A.C.

f.7. Non-salaried elected Elective Positions (positions in which the elected officials receive no compensation, but receive expenses, e.g., per diem, stipend, or an honorarium).

g.8. Effective July 1, 1991, Temporary Non-instructional Community College positions Positions (effective July 1, 1991, non-instructional positions filled by employees paid from an other-personal-services OPS budget for not more than 2080 hours of total service within a single community college. Such person who is employed beyond 2080 total aggregate hours within a community college shall thereafter be an employee filling a regularly established position and a compulsory member of the Florida Retirement System regardless of the appropriation category budget from which he or she is paid.)

h.9. Positions established on a temporary basis as a result of a state of emergency as declared by the Governor because of a disaster caused by destructive storms, winds, floods, fires, earthquakes, freezes, and other similar emergencies.

i.10. Instructional positions in grades K-12 filled by exchange teachers on a J-1 visa when participating in an exchange visitor program designated by the United States Department of State pursuant to 22 CFR 62.24 (November 10, 2005). Employment may not exceed 3 years whether employed in regularly established positions or temporary positions with educational institutions listed on federal Form DS-2019, Certificate of Eligibility for Exchange Teacher Status. A certified copy of Form DS-2019 must be maintained in the sponsoring agency’s records for each exchange teacher employed.

(6) A member who terminates employment retains membership rights to previously earned member-noncontributory service credit, and to member-contributory service credit if the member leaves his or her contributions on deposit in his or her retirement account. Such member may reinstate any previously earned member-contributory service credit for which a refund was received after completion of 1 year of reemployment and membership as provided in subsection 60S-2.004(2), F.A.C., and repayment of the refunded employee contributions, as provided in Rule 60S-3.005, F.A.C.

(7) The effective date of membership in each class enumerated in subsection (1) and defined in Rule 60S-6.001, F.A.C., shall be as follows:

(a) Regular Class members:

1. A Regular Class regular member shall have membership in the Regular Class effective on his or her first day of employment.

2. A Special Risk Class special risk member who becomes ineligible for Special Risk Class special risk membership shall have his or her designation of Special Risk Class special risk membership discontinued and shall become a Regular Class member on the first day of the month following the date the member becomes ineligible for Special Risk Class special risk membership.

(b) through (e) No change.

Rulemaking Specific Authority 121.031, 121.4501(8)(a) FS. Law Implemented 121.011, 121.021, 121.021(39), 121.051(1), (2), 121.051(2)(b)6., 121.0511, 121.0511(6), 121.052, 121.053, 121.055, 121.081, 121.091(8), (13), 121.122, 121.35, 121.355, 121.4501, 240.3195, 1012.875 FS. History–New 1-1-72, Amended 10-20-72, 12-31-74, 10-2-78, 7-1-79, 7-1-80, 8-26-81, 1-19-82, 10-11-82, 1-18-83, 11-6-84, 4-17-85, Formerly 22B-1.04, Amended 2-4-86, 1-12-87, 3-11-87, 2-7-89, 9-5-90, 5-15-91, 11-14-91, Formerly 22B-1.004, Amended 3-18-93, 8-4-94, 4-5-95, 3-12-96, 12-12-96, 2-24-99, 9-17-03, 1-1-06,________.

60S-1.0045 Renewed Membership in the Regular Class and Senior Management Service Class.

(1) On and after July 1, 1991 and through June 30, 2010, any retired member of a state-administered retirement system who is employed in a regularly established position, including an elected officer not eligible for membership in the Elected Officers’ Class, shall be enrolled as a compulsory member of the Regular Class, except a member participating in the Deferred Retirement Option Program as provided in Rule Chapter 60S-11, F.A.C., or as provided in subsection 60S-1.0055(4), F.A.C., Effective and effective July 1, 1997 through June 30, 2010, any such retired member who is employed in a position included in the Senior Management Service Class shall be enrolled as a compulsory member of the Senior Management Service Class as provided in paragraph 60S-1.0057(1)(a), F.A.C. 60S-1.0057(2)(a), and may elect, in lieu of the Senior Management Service Class as provided in paragraph 60S-1.0057(7)(c), F.A.C. 60S-1.0057(2)(b) or (c), to participate in the Senior Management Service Optional Annuity Program or withdraw from the Florida Retirement System altogether as provided in Section 121.055, F.S. Such Regular Class or Senior Management Service Class renewed member shall be eligible to receive a second-career retirement benefit in the Florida Retirement System Pension Plan as follows:

(a) through (b) No change.

(c) The member shall comply with all requirements and be eligible for all benefits applicable to Regular Class or Senior Management Service Class membership except that he or she shall not be entitled to disability benefits as provided in Rule 60S-4.007, F.A.C., and he or she shall not be eligible to participate in the Deferred Retirement Option Program (DROP) as provided in Section 121.091(13), F.S.

(d) The member shall be entitled to receive an additional retirement benefit upon normal retirement as provided in paragraph 60S-4.004(1)(a) or (d), F.A.C., or upon early retirement as provided in Rule 60S-4.005, F.A.C., in accordance with his or her respective membership class, if such member becomes vested as required by the provisions of the Regular Class or Senior Management Service Class. Creditable service may include:

1. For vesting in the Regular Class, service earned as an elected officer with renewed membership in the EOC or as a member with renewed membership in the Senior Management Service Class; and

2. For vesting in the Regular Class or the Senior Management Service Class, credit for post-retirement service performed prior to renewed membership and claimed by the member as provided in subsection 60S-2.008(3), F.A.C.

(e) No service for which credit was earned or which remained unclaimed at retirement may be claimed or applied toward the second-career benefit, except as provided in Section 121.122(1) (g), F.S. that a renewed member who is receiving an annuity from the Optional Retirement Program or the Optional Annuity Program, or who is receiving an IFAS Supplement, may claim such Florida Retirement System service provided that such service was not used toward another benefit.

(f) A reemployed retiree Reemployed retirees who elects elect membership in the FRS Investment Plan shall be eligible to receive benefits upon termination as provided in Section 121.4501, F.S.

(2) If the member is not receiving the maximum health insurance subsidy provided in Rule 60S-4.020, F.A.C., he or she shall be entitled to earn additional credit toward the maximum subsidy, which he or she shall receive only at the time of payment of the second-career retirement benefit. The total subsidy paid to retirees receiving benefits from initial and renewed membership shall not exceed the maximum allowed in Rule 60S-4.020, F.A.C.

(3) Applicable contributions shall be made as provided in subsections 60S-3.003(1) and (7), F.A.C.

(4) Renewed membership in the FRS is closed to any retiree of a state administered retirement system initially reemployed on or after July 1, 2010.

Rulemaking Specific Authority 121.031 FS. Law Implemented 121.091, 121.122 FS. History–New 11-14-91, Formerly 22B-1.0045, Amended 3-18-93, 5-10-99, 9-17-03,________.

60S-1.005 Special Risk Class; Legislative Intent and Procedures.

(1) Legislative Intent. – In creating the Special Risk Class special risk class of membership within the Florida Retirement System, it is the intent and purpose of the Legislature to recognize that persons employed in certain categories of law enforcement, firefighting, and criminal detention, and emergency medical care positions are required as one of the essential functions of their positions to perform work that is physically demanding or arduous, or work that requires extraordinary agility and mental acuity, and that such persons, because of diminishing physical and mental faculties may find that they are not able, without risk to the health and safety of themselves, the public, or their co-workers, to continue performing such duties and thus enjoy the full career and retirement benefits enjoyed by persons employed in other positions, and that, if such persons find it necessary, due to the physical and mental limitations of their age, to retire at an earlier age and usually with less service, they will suffer an economic deprivation therefrom. Therefore, as a means of recognizing the peculiar and special problems of this class of employees, it is the intent and purpose of the Legislature to establish a class of retirement membership that awards more retirement credit per year of service than that awarded to other employees; nothing contained herein shall require ineligibility for Special Risk Class special risk membership upon reaching age 55.

(2) Eligibility – Any member who is employed as a law enforcement officer, a firefighter, or a correctional officer, a community based probation officer with the Department of Corrections, a youth custody officer with the Department of Juvenile Justice, or an emergency medical technician or paramedic, a fixed-wing aircraft pilot conducting aerial firefighting surveillance employed by the Division of Forestry of the Department of Agriculture and Consumer Services, a professional health care worker in a correctional or forensic facility or institution and employed by the Department of Corrections or the Department of Children and Family Services; a forensic worker employed by the Department of Law Enforcement in the crime laboratory or employed by the Division of the State Fire Marshal in the forensic laboratory, or a forensic worker employed by a local government law enforcement agency or medical examiner’s office who meet the criteria as set forth in Rule 60S-1.0051, 60S-1.0052, 60S-1.0053, or 60S-1.00535, 60S-1.00537, or 60S-1.00539, F.A.C., shall be eligible for approval for Special Risk Class special risk membership as provided in this section.

(3) Application. – The following procedures shall govern applications for Special Risk Class special risk membership:

(a) Application procedures for officers and employees of state agencies.

1. Applying the requirements for Special Risk Class special risk membership in subsection (2), the Department of Management Services shall specify those classes of positions established by the Division of Human Resource Management Personnel which shall be included in the Special Risk Class. The incumbents of such positions shall be entitled to Special Risk Class special risk membership. If a class is not specified by the Department of Management Services, the employing agency may petition the State Retirement Commission for inclusion of a particular class among those specified as provided in Section 121.0515(3)(b), F.S.

2. Each state agency utilizing positions specified in subparagraph 1. shall submit the appropriate position class code on the Monthly Retirement Report, for each officer and employee who fills a position so specified.

3. The effective date of Special Risk Class special risk membership for newly employed officers and employees who have been verified by the employing state agency and who are certified or required to be certified by the appropriate council or commission shall be the date of employment in a position specified as Special Risk Class special risk as provided in subparagraph 1. Special Risk Class risk contributions shall begin at that time.

a. If a Regular Class regular member becomes employed in a Special Risk Class special risk position or a position is reclassified as a Special Risk Class special risk position, the effective date of Special Risk Class special risk membership shall be the first day of the month in which the employee assumes the Special Risk Class special risk position or the position is reclassified. Special Risk Class risk contributions shall be payable effective with the first salary paid on or after the first day of the month of Special Risk Class special risk coverage.

b. If a Special Risk Class special risk member changes to another position classified as Special Risk Class special risk within the same set of criteria (e.g., a corrections officer I changing to a corrections officer II position), the employer shall submit the appropriate position class code for the new position on the Monthly Retirement Report.

c. If a Special Risk Class special risk member changes to a Special Risk Class special risk position under a different set of criteria (e.g., a transfer from law enforcement to a firefighter or correctional position), his or her employer shall submit the appropriate position class code for the new position on the Monthly Retirement Report.

(b) Application procedures for officers and employees of county agencies, district school boards, community colleges, and participating cities, and independent special districts, metropolitan planning organizations, public charter schools or charter technical career centers, and those classified by the Judicial Administrative Classification Plan and the Department of Lottery.

1. Any Regular Class regular member who feels that he or she meets the requirements for Special Risk Class special risk membership set forth in subsection (2) may request that his or her employer submit an application to the Division requesting that the Division designate him or her as a Special Risk Class special risk member. Such member shall complete the employee portions of the appropriate Special Risk Class application. Forms FRS-400 or FRS-405 adopted in Rule 60S-9.001, F.A.C. The employer shall promptly certify and submit to the Division the following documents:

a. The appropriate Florida Retirement System Aapplication for Special Risk Class Membership.

(I) Florida Retirement System Application for Special Risk Class Membership for Law Enforcement/Correctional Officers, Form (FRS-400 (Rev.04/00), herein adopted by reference; or

(II) Florida Retirement System Application for Special Risk Class Membership Firefighters/Paramedics/EMTs, Form (FRS-405 (Rev.10/03), herein adopted by reference; or

(III) Florida Retirement System Application for Special Risk Class Membership for Forensic Discipline from October 1, 2005 through June 30, 2008, Form FRS-410 (Rev. 05/08), herein adopted by reference; or

(IV) Florida Retirement System Application for Special Risk Class Membership for Forensic Discipline effective July 1, 2008, Form FRS-415 (05/08), herein adopted by reference.

b. A current job description of the member’s duties showing the percentage of time spent performing each duty.

c. A copy of a personnel action form showing the effective date of membership in that position.

d. Organization chart including the applicant’s position for any members applying under supervisory criteria.

2. If the employer refuses to submit the member’s application to the Division, the employer he shall notify the member of the his refusal, together with the employer’s reasons for refusal his reasons. The member may then appeal this refusal to the State Retirement Commission pursuant to Section 121.0515(3)(a), F.S.

3. Upon receipt of the completed application, which shall include all of the items designated in subparagraph 1. above, the Division shall within 90 days determine if the member meets the requirements for Special Risk Class special risk membership set forth in subsection (2). If the requirements for Special Risk Class special risk membership are met, the Division shall approve the member for Special Risk Class special risk membership which shall commence as follows:

a. When a newly employed member’s complete application is received by the Division of Retirement, the effective date of membership in the Special Risk Class special risk class shall be the date of employment in the position and Special Risk Class special risk contributions shall be payable from that time.

b. If a Regular Class member regular employee changes to a Special Risk Class special risk position within the employing agency and, upon submitting the complete Special Risk Class special risk application, he or she is approved for Special Risk Class special risk membership, the member he shall have Special Risk Class special risk coverage effective the first day of the month in which the employee assumes the Special Risk Class special risk position. Special Risk Class risk contributions shall be payable effective with the first salary paid on or after the first day of the month of Special Risk Class special risk coverage.

c. If a Special Risk Class special risk member changes to another position within the same agency that is not a preapproved Special Risk Class special risk position listed with Class Codes in Chapter 1 of the FRS Division of Retirement Employer Handbook, or is employed with a new agency, the member he must submit a complete application as provided in sub-subparagraph (3)(b)1.a. to the Division of Retirement.

d. If a Special Risk Class special risk member changes to a preapproved Special Risk Class special risk position listed with Class Codes in Chapter 1 of the FRS Division of Retirement Employer Handbook under the same set of criteria (e.g., a corrections officer I changing to a corrections officer II position), the employer shall submit the appropriate position class code for the new position on the Monthly Retirement Report.

e. If a Special Risk Class special risk member changes to a Special Risk Class special risk position under a different set of criteria (e.g., a transfer from law enforcement to a firefighter or correctional officer position), the member he must submit a complete application for Special Risk Class special risk membership, except that the employer of such officer who changes to a preapproved Special Risk Class special risk position listed with Class Codes in Chapter 1 of the FRS Division of Retirement Employer Handbook must submit only the appropriate position class code for the new position on the Monthly Retirement Report for such member.

4. Within 90 days of receipt of the application, the Division shall determine whether or not the member meets the requirements for Special Risk Class special risk membership. If it is determined that the member does not meet the requirements, the Division shall notify the member by certified mail, with a copy to his or her employer, of the Administrator’s intended decision to disapprove the member’s application for Special Risk Class special risk membership. This notice shall include a summary of the factual, legal and policy grounds for the intended decision.

a. When a member receives notice that the Administrator intends to deny his or her application for Special Risk Class special risk membership, the member he shall have 21 calendar days to present written evidence or objections challenging the grounds upon which the Administrator has based his or her intended decision.

b. If the Administrator overrules the objections of the member, the Administrator shall within 21 calendar days provide a written final decision on the merits to the member by certified mail with a copy to the member’s employer, giving the reasons for his or her final decision.

c. 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., Chapter 60R-1, F.A.C., and the Uniform Rules in Rule Chapter 28-106, F.A.C., a hearing on the denial of his or her application for Special Risk Class special risk membership 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 notice of the Administrator’s final decision.

d. The decisions of the State Retirement Commission on matters brought before it under this paragraph shall be final agency action.

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

5. A member who receives a final affirmative ruling on his or her appeal for Special Risk Class special risk membership shall have Special Risk Class special risk membership retroactive to the date such member would have had Special Risk Class special risk membership had such membership been approved by the employer and the Division, as determined by the Division; and the employer contributions shall be paid in full within one year of such final ruling.

(4) Review of Special Risk Class Designations. – The Division shall from time to time review the Special Risk Class special risk designation of members and determine whether or not those members meet the criteria for Special Risk Class special risk membership. Upon request by the Division, recertification of a specified member or members shall be submitted by the employer. If the Administrator determines that a member or members do not meet the criteria, the notification and appeal procedure set forth in subparagraph 60S-1.005(3)(b)4., F.A.C., shall be followed. The effective date of such discontinuance shall be the first day of the month following the date of the Administrator’s final decision of discontinuance. Contributions shall be due at the Regular Class regular membership rate effective with the first salary paid on or after the day the member becomes a Regular Class regular member.

(5) Transfer to a Regular Class Position. – A Special Risk Class special risk member who transfers to a position that does not qualify him or her for Special Risk Class special risk membership shall have his or her designation of Special Risk Class special risk membership discontinued and shall become a Regular Class regular member on the first day of the month following the date of such transfer. Contributions are payable at the Regular Class regular membership rate effective with the first salary paid on or after the day the member becomes a Regular Class regular member. The employer of such a member shall report the member’s change to membership in the Regular Class the regular membership class on the Monthly Retirement Report.

(6) Retroactive Special Risk Class Coverage. – A Special Risk Class special risk member who was removed from the Special Risk Class effective October, 1978 solely because he or she did not possess the certification required in Rule 60S-1.0051, 60S-1.0052, or 60S-1.0053, F.A.C., may receive Special Risk Class special risk credit for this period during which he or she was removed, provided:

(a) Certification was obtained and membership in the Special Risk Class was approved on or before June 30, 1982; and

(b) The employer verifies that all requirements for Special Risk Class special risk membership were met during the period of removal except the requirement for certification or temporary waiver of certification; and

Rulemaking Specific Authority 121.031, 121.0515, 121.4501(8)(a), FS. Law Implemented 121.021(15), 121.051, 121.0515, 121.23, FS. History–New 1-1-72, Amended 10-20-72, 12-31-74, 8-9-76, 1-16-77, 10-2-78, 1-19-82, 9-9-82, 11-6-84, 4-17-85, Formerly 22B-1.05, Amended 2-7-89, 11-14-91, Formerly 22B-1.005, Amended 1-25-94, 9-17-03,_________.

60S-1.0051 Criteria for Special Risk Class Membership – Law Enforcement.

The criteria set forth below shall be used pursuant to Rule 60S-1.005, F.A.C., in determining membership in the Special Risk Class special risk class for members who are filling law enforcement positions, regardless of the title of such a position.

(1) Any member, except a sheriff or an elected police chief, who seeks to be approved for Special Risk Class special risk membership under this section must be certified or required to be certified as a law enforcement officer in compliance with the Criminal Justice Standards and Training Commission as provided in Section 943.1395, F.S.

(2) Any member who seeks Special Risk Class special risk membership must hold one of the following law enforcement positions:

(a) Effective October 1, 1978, a sheriff Sheriff or elected police chief or,

(b) Effective October 1, 1978, a law Law enforcement officer whose duties include the pursuit, apprehension and arrest of law violators or suspected law violators; or,

(c) Effective July 1, 1982, an active Active member of a bomb disposal unit whose primary responsibility is the location, handling, and disposal of explosive devices.

(d) A command Command officer or supervisor of a Special Risk special risk member or members whose duties are listed in paragraphs (b) and (c) include the pursuit, apprehension and arrest of law violators or suspected law violators or members of a bomb disposal unit. However, administrative support personnel cited in subsection (3) shall not be included.

(3) Except for those cited in paragraph (2)(a) above, no administrative support personnel, including but not limited to those whose primary duties and responsibilities are in accounting, purchasing, legal, and personnel, shall be admitted to Special Risk Class special risk membership.

(4) Any elected sheriff may choose membership in the Special Risk Class in lieu of the Elected Officers’ Class. Within 6 months after his or her election or reelection such officer must notify the Division, in writing, of his or her decision to remain in or choose membership in the Special Risk Class.

Rulemaking Specific Authority 121.031 FS. Law Implemented 121.021(15), 121.0515, 121.052 FS. History–New 10-2-78, Amended 9-9-82, 4-17-85, Formerly 22B-1.051, 22B-1.0051, Amended 3-18-93,________.

60S-1.0052 Criteria for Special Risk Class Membership – Firefighters.

The criteria set forth below shall be used pursuant to Rule 60S-1.005, F.A.C., in determining membership in the Special Risk Class special risk class for members who are filling firefighter positions, regardless of the title of such a position.

(1) Any member who seeks to be approved for Special Risk Class special risk membership under this section, must be certified or required to be certified in compliance with the Firefighters Standards and Training Council as provided in Section 633.35, F.S.

(2) Any member who seeks Special Risk Class special risk membership must hold one of the following firefighter firefighters positions:

(a)1. Effective October 1, 1978, a firefighter Firefighter whose duties and responsibilities require on the scene fighting of fires. on the scene fighting of fires, fire prevention, or firefighter training, or aerial firefighting surveillance by fixed-wing aircraft pilots employed by the Division of Forestry of the Department of Agriculture and Consumer Services.

2. Effective July 1, 2001, a firefighter employed by the Division of Forestry of the Department of Agriculture and Consumer Services whose duties and responsibilities require aerial firefighting surveillance as a fixed-wing aircraft pilot.

3. Effective October 1, 2001, a firefighter whose duties and responsibilities require fire prevention or firefighter training.

(b) Command officer or supervisor of a Special Risk Class special risk member or members whose duties are listed in paragraph (a). However, administrative support personnel cited in subsection 4 shall not be included.

(3) Any member approved for the Special Risk Class special risk must be employed solely within the fire department of the employer or agency of state government. (This shall not be construed to exclude from Special Risk Class special risk membership those employees who hold two employments simultaneously and who are covered for retirement only on the salary earned as a Special Risk Class special risk member as specified in Rule 60S-1.008, F.A.C., of these rules.)

(4) No administrative support personnel, including but not limited to those whose primary duties and responsibilities are in accounting, purchasing, legal, and personnel, shall be admitted to Special Risk Class special risk membership.

Rulemaking Specific Authority 121.031 FS. Law Implemented 121.021(15), 121.0515 FS. History–New 10-2-78, 4-17-85, Formerly 22B-1.052, 22B-1.0052, Amended 9-17-03,_________.

60S-1.0053 Criteria for Special Risk Class Membership – Correctional Officers.

The criteria set forth below shall be used pursuant to Rule 60S-1.005, F.A.C., in determining membership in the Special Risk Class special risk class for members who are filling correctional officer positions, regardless of the title of such a position.

(1) Any member who seeks to be approved for Special Risk Class special risk membership under this section, must be certified or required to be certified as a correctional officer in compliance with the Criminal Justice Standards and Training Commission, as provided in Section 943.1395, F.S.

(2) Any member who seeks Special Risk Class special risk membership must hold one of the following correctional officer positions:

(a) Effective October 1, 1978, a correctional Correctional officer whose primary duty and responsibility is the custody and physical restraint, when necessary, of prisoners or inmates within a prison, jail, or other criminal detention facility, or while on work detail or while being transported outside the facility.

(b) Effective October 1, 1978, a Superintendent or Assistant Superintendent (regardless of title) of a correction or detention facility where duly committed inmates are confined, housed, or maintained and where correctional officers are employed. Superintendent shall mean the person directly in charge of the day-to-day operations of a specific correction or detention facility. Assistant Superintendent shall mean the one person whose responsibilities include direct line authority from the Superintendent over all subordinate employees for the day-to-day operations at the facility. If no one employee in a corrections facility has such responsibility, then for retirement purposes there is no assistant superintendent at that facility, except that in large state institutions there may be more than one assistant superintendent if the institution is divided into units, each having an assistant superintendent with direct line authority from the superintendent over all subordinate employees for the day to day operations within the unit.

(b) Command officer or supervisor of a special risk member or members holding a position as described in paragraph (2)(a) above.

(c) Effective July 1, 1984, a command officer or supervisor of a Special Risk Class member or members holding a position as described in paragraph (2)(a) above.

(c) Superintendent or Assistant Superintendent (regardless of title) of a correction or detention facility where duly committed inmates are confined, housed, or maintained and where correctional officers are employed. Superintendent shall mean the person directly in charge of the day-to-day operations of a specific correction or detention facility. Assistant Superintendent shall mean the one person whose responsibilities include direct line authority from the Superintendent over all subordinate employees for the day-to-day operations at the facility. If no one employee in a corrections facility has such responsibility, then for retirement purposes there is no assistant superintendent at that facility, except that in large state institutions there may be more than one assistant superintendent if the institution is divided into units, each having an assistant superintendent with direct line authority from the superintendent over all subordinate employees for the day to day operations within the unit.

(d) Effective January 1, 2001, a community-based correctional probation officer whose primary duties and responsibilities must be the supervised custody, surveillance, control, investigation, and counseling of assigned inmates, probationers, parolees, or community controllees within the community; or the supervisor of a member who has such responsibilities; or probation and parole circuit administrator, or deputy circuit administrator.

(e) Effective January 1, 2001, professional health care member employed by the Department of Corrections or the Department of Children and Family Services in one of the following positions listed in Section 121.0515(2)(f), F.S.

(e)(f) Effective July 1, 2001, a youth custody officer of the Department of Juvenile Justice whose primary duties and responsibilities must be the supervised custody, surveillance, control, investigation, apprehension, arrest, and counseling of assigned juveniles within the community.

(3) No administrative support personnel, including but not limited to those whose primary duties and responsibilities are in accounting, purchasing, legal, and personnel, shall be admitted to Special Risk Class special risk membership.

Rulemaking Specific Authority 121.031 FS. Law Implemented 121.021(15), 121.0515 FS. History–New 10-2-78, Amended 9-9-82, 11-6-84, 4-17-85, Formerly 22B-1.053, 22B-1.0053, Amended 9-17-03,________.

60S-1.00535 Criteria for Special Risk Class Membership – Emergency Medical Technicians and Paramedics.

The criteria set forth below shall be used pursuant to Rule 60S-1.005, F.A.C., in determining membership in the Special Risk Class special risk class for members who are filling emergency medical technician and paramedic positions, regardless of the title of such position.

(1) Effective, October 1, 1999, any Any member who seeks Special Risk Class special risk membership must be employed as an emergency medical technician or a paramedic by a licensed Advance Life Support (ALS) or Basic Life Support (BLS) employer and be certified in compliance with Section 401.27, F.S., and the member’s primary duties and responsibilities must include on-the-scene emergency medical care,

(2) Effective October 1, 2001, any member who seeks Special Risk Class membership The member’s primary duties and responsibilities must include on-the-scene emergency medical care, or the member must be the supervisor or command officer of one or more members who have such responsibility as provided in subsection (1).

Rulemaking Specific Authority 121.031 FS. Law Implemented 121.021(15), 121.0515 FS. History–New 9-17-03, Amended________.

60S-1.0054 Special Risk Administrative Support Class.

(1) Intent – In creating the Special Risk Administrative Support Class within the Florida Retirement System, the Legislature recognizes that when Special Risk Class special risk members are employed or reassigned for training, career development or to fill a critical agency need they often fail to meet the criteria for Special Risk Class special risk membership. They are then placed in the Regular Class regular class of membership, thereby losing the earlier retirement date and the higher accrual rate offered Special Risk Class special risk members. While it is not the intent of the Legislature to continue to provide the higher accrual rate for such members upon employment or reassignment to non-Special Risk Class special risk positions, it is intended that such members who qualify for Special Risk Administrative Support Class membership and satisfy the vesting requirements for the Special Risk Class shall be entitled to count such Special Risk Administrative Support Class service towards their Special Risk Class special risk normal retirement date.

(2) Eligibility – On or after July 1, 1982, a member being reassigned or employed by an agency shall participate in the Special Risk Administrative Support Class if:

(a) The member is employed by an agency whose primary purpose is law enforcement, firefighting, corrections, or emergency medical care, or if the employer has multiple responsibilities, the member must be employed by a unit of the agency whose primary purpose is law enforcement, firefighting, corrections, or emergency medical care; and

(b) The member is employed or reassigned by his or her employer to a non-Special Risk Class special risk position which provides training and/or career development opportunities to the member, or fulfills a critical agency need; and

(d) The member remains certified by the appropriate authority; and

(e) The member is subject to reassignment at any time to a Special Risk Class special risk position.

(3) Application – The following procedures shall govern applications for Special Risk Administrative Support Class membership:

(a) The employer of a Special Risk Class special risk member who is reassigned or employed in a position determined by the employer to be a Special Risk Administrative Support Class special risk administrative support position shall submit to the Division of Retirement the following:

1. Florida Retirement System Application for Special Risk Administrative Support Class (FRS-404), adopted in Rule 60S-2.0041 Rule Chapter 60S-9, F.A.C.

2. A current job description of the member’s duties showing the percentage of time spent performing each duty.

3. A copy of the appropriate certification or other evidence of certification as required by the Criminal Justice Standards and Training Commission in Section 943.1395, F.S., or the Firefighters Standards and Training Council in Section 633.35, F.S., or maintain certification pursuant to Section 401.27, F.S.

4. A copy of a personnel action form showing the effective date of membership in that position.

(b) The Division of Retirement shall approve or disapprove all applications for Special Risk Administrative Support Class membership. If the requirements for Special Risk Administrative Support Class membership are met, the Division shall approve the member for membership as provided below:

1. When a newly employed member’s application is received by the Division of Retirement, the effective date of membership in the Special Risk Administrative Support Class shall be the date of employment in the position and Special Risk Administrative Support Class contributions shall be payable from that time.

2. If a former Special Risk Class special risk member, now a Regular Class regular member, changes to a Special Risk Administrative Support Class position within the employing agency and, upon submitting the complete Special Risk Administrative Support Class special risk administrative support application, he or she is approved for Special Risk Administrative Support Class membership, he or she shall have Special Risk Administrative Support Class coverage effective the first day of the month in which the employee assumes the Special Risk Administrative Support Class position. Special Risk Administrative Support Class contributions shall be payable effective with the first salary paid on or after the first day of the month of Special Risk Administrative Support Class special risk administrative support coverage.

3. If a Special Risk Administrative Support Class member changes to another position within the same agency or is employed by another agency that meets the criteria under these rules, the employer must submit the same documents as required in paragraph (3)(a) above to the Division of Retirement.

(4) Transfer to a Regular Class Position – A Special Risk Administrative Support Class member who transfers to a Regular Class regular class position that does not qualify him or her for Special Risk Administrative Support Class membership shall have his or her designation of Special Risk Administrative Support Class membership discontinued and shall become a Regular Class regular class member on the first day of the month following the date of such transfer. Contributions are payable at the Regular Class regular class membership rate effective with the first salary paid on or after the first day of the month the member becomes a Regular Class regular class member. A state employer of such a member shall submit the appropriate position class code for the new position on the Monthly Retirement Report, which will indicate the member’s change to the Regular Class regular class of membership. A local employer of such member shall only report the member’s change to the regular membership in the Regular Class class on the Monthly Retirement Report.

(5) Contribution – Contributions shall be paid in accordance with subsection 60S-3.003(3)(4), F.A.C. Employers of members who fail to satisfy the vesting requirements for the Special Risk Class shall not be refunded contributions for Special Risk Administrative Support Class service.

(6) Retention of Special Risk Class Normal Retirement Date – A member who earns Special Risk Administrative Support Class credit and satisfies the vesting requirements for the Special Risk Class, as described in paragraph 60S-2.0041(2)(b), F.A.C., shall be able to include the Special Risk Administrative Support Class service towards the satisfaction of the Special Risk Class special risk normal retirement date. If, at retirement, the member has failed to satisfy such vesting requirements, his or her Administrative Support Class service shall be calculated as Regular Class regular service in a dual normal retirement benefit.

(7) Retroactive Coverage – The provisions of this section shall apply retroactively for the period October 1, 1978, to July 1, 1982, for eligible members as provided in paragraph 60S-2.0041(2)(d), F.A.C. In order to receive credit for retroactive service under this rule, the member must make application for his or her retroactive coverage and should consult paragraph 60S-2.0041(2)(d), F.A.C., of these rules for the procedure.

(8) Review of Special Risk Administrative Support Class Designations – The Division of Retirement shall from time to time review the Special Risk Administrative Support Class designation of members and determine whether or not those members meet the criteria for Special Risk Administrative Support Class membership.

(a) Upon request by the Division, recertification of a specified member or members shall be submitted by the employer. If the Division determines that a member does not meet the criteria, it shall follow the appeal procedure outlined in subsection 60S-1.0054(9), F.A.C., and notify the member of its intended decision to discontinue his or her membership in the Special Risk Administrative Support Class. The effective date of such discontinuance shall be the first day of the month following the date that final determination of the discontinuance is made. Contributions shall be due at the Regular Class regular membership rate effective with the first salary paid on or after the first day of the month the member becomes a Regular Class regular member.

(b) If the member does not accept the decision of the Division, he or she may petition the Division for an administrative hearing, pursuant to Section 120.57, F.S. Such request shall be made within the time limitations of Rule 28-106.201, F.A.C. Model Rule 28-5.201, F.A.C.

(9) Appeal – Within 90 days of receipt of the application, the Division of Retirement shall determine whether or not the member meets the requirements for Special Risk Administrative Support Class special risk administrative support membership. If it is determined that the member does not meet the requirements, the Division shall notify the member by certified mail, with a copy to his or her employer, of the Division’s intended decision to disapprove the member’s application for Special Risk Administrative Support Class special risk administrative support membership. This notice shall include a summary of the factual, legal and policy grounds for the intended decision.

(a) When a member receives notice that the Division intends to deny his or her application for Special Risk Administrative Support Class membership, he or she shall have 21 20 calendar days to present written evidence or objections challenging the grounds upon which the Division has based its intended decision. If the Division receives no objections, final denial will be issued by the Division by certified mail at the conclusion of the 21 20 days.

(b) If objections are received in accordance with (a) above, the Division shall within 20 calendar days of receipt of the objections provide a written explanation to the member by certified mail, giving the reasons for final acceptance or denial of the application. A copy of its written explanation shall be sent to the member’s employer.

(c) If the member does not accept the decision of the Division, the member may petition the Division for an administrative hearing on the denial of his or her application for Special Risk Administrative Support Class membership, pursuant to Section 120.57, F.S. Such request should be made within the time limitations of Rule 28-106.201, F.A.C. Model Rule 28-5.201, F.A.C.

(d) A member who receives a final affirmative ruling on his or her appeal for Special Risk Administrative Support Class membership shall have such membership retroactive to the date the member would have had Special Risk Administrative Support Class membership had such membership been approved by the employer and the Division as determined by the Division; and the employer contributions shall be paid in full within one year of such final ruling.

Rulemaking Specific Authority 121.031, 121.0515(7)(c) FS. Law Implemented 121.0515(7) FS. History–New 10-12-82, Amended 4-17-85, Formerly 22B-1.054, 22B-1.0054, Amended 1-25-94, 10-11-94, 9-17-03,________.

60S-1.0055 Elected Officers’ Class.

(1) Compulsory Membership in the Elected Officers’ Class shall be compulsory, except as provided in subsection (2), for any person elected, reelected, or appointed to an office listed below, on and after the specified dates when the subclass was included in the system:

Offices	Dates Included in Elected Officers’ Class
Governor, lieutenant governor, cabinet officer, legislator, supreme court justice, district court of appeal judge, circuit judge, state attorney;	7/1/72
County court judge;	10/1/74
Public defender;	7/1/77
Public service commissioner;	7/1/72 through 6/30/79
Any constitutional elected county officer including any sheriff, tax collector, property appraiser, supervisor of elections, clerk of the circuit court, county commissioner, district school board member, elected district school board superintendent, and any elected officer of any entity with county-wide jurisdiction who, pursuant to general or special law, exercises powers and duties that except for such law would be exercised by a constitutional elected county officer.	7/1/81
Any elected officer of any entity with county-wide jurisdiction who, pursuant to general or special law, exercises powers and duties that except for such law would be exercised by a constitutional elected county officer.	7/1/86
Any elected officer of a municipality or independent special district designated by the governing body between July 1, 1997 and December 31, 1997.	7/1/97
Any elected officer of a municipality or independent special district designated by the governing body between July 1, 2001 and December 31, 2001.	7/1/01
Any elected officer of a municipality or independent special district designated by the governing body between July 1, 2009 and December 31, 2009.	7/1/09
Elected officers of a municipality or independent special district designated by governing body at the time the entity joins the Florida Retirement System.	1/1/10

(2) Optional Membership – Any elected officer listed in subsection (1) who is dually employed may elect membership in another class for which he or she is eligible, or such officer may withdraw from participating in the Florida Retirement System in any manner whatsoever as follows:

(a) Any elected officer who is or becomes dually employed and a member of the Florida Retirement System or one of the existing systems may elect membership in any system or class for which he or she is eligible as provided in Rule 60S-1.008, F.A.C. The elected officer shall notify the Division in writing of his or her decision within 6 months of becoming dually employed.

(b) Any elected officer may elect to withdraw from participating in the Florida Retirement System altogether, except for elected officers with renewed membership as provided in subsection 60S-1.0055(4), F.A.C., as follows:

1. Within 6 months of assuming office the elected officer shall file their election to withdraw in writing to the Plan Choice Administrator as provided in subparagraph 60S-1.004(2)(e)3., F.A.C. shall notify the Division in writing of his decision to withdraw and shall file a copy with his employer.

2. Upon notification to the Division of such election to withdraw, receipt of such withdrawal request, the Division shall refund all contributions made by the elected officer, unless the elected officer has a vested right under the Florida Retirement System, in which case he or she shall not be permitted to receive a refund of contributions.

3. Any elected officer who withdraws from the Florida Retirement System in accordance with this paragraph, may rejoin the Florida Retirement System by submitting a written request to the Division. Membership shall be effective the first day of the month during which the Division receives such written request. Service credit for such period of withdrawal may be claimed as provided in Rule 60S-2.0042, F.A.C.

(c) Any elected sheriff may choose membership in the Special Risk Class in lieu of the Elected Officers’ Class. Within 6 months after his or her election or reelection such officer must notify the Division, in writing of his or her decision to remain in or choose membership in the Special Risk Class class.

(d) through (f) No change.

(3) Membership Not Permitted –

(a) Any member of the Elected Officers’ Class who fails to win reelection to an office covered by the Elected Officers’ Class, and who returns to a position covered under the Florida Retirement System, shall receive credit thereafter based on the class of membership of his or her position.

(b) Any public service commissioner who was removed from the Elected Officers’ Class on July 1, 1979 in accordance with Chapter 79-375, Laws of Florida, shall retain any retirement credit earned in the Elected Officers’ Class as of that date. If such an officer has earned 8 years of credit in the Elected Officers’ Class he or she shall be eligible for retirement in accordance with Rule 60S-4.003, F.A.C.

(4) Renewed membership in the Elected Officers’ Class –

(a) Any retired member of a state-administered retirement system who, on and after July 1, 1990 and through June 30, 2010, holds an elective office covered by the Elected Officers’ Class, except as provided in paragraph (f), shall be enrolled in the Elected Officers’ Class, or, effective July 1, 1997 and through June 30, 2010, such elected officer may elect renewed membership in the Senior Management Service Class as provided in Rule 60S-1.0045, F.A.C., and may elect to participate in the Senior Management Service Optional Annuity Program or a local agency annuity program in lieu of the Senior Management Service Class as provided in paragraph 60S-1.0057(7)(c) or (d) 60S-1.0057(7)(b) or (c), F.A.C. Such elected officer who becomes a member of the Elected Officers’ Class shall be eligible to elect to participate in the FRS Investment Plan as provided in Section 121.4501, F.S., or to receive a second career benefit in the FRS Pension Plan as follows:

1. The officer shall be eligible to receive retirement benefits as well as compensation for service as an elected officer, and shall not be subject to the reemployment limitations provided in Rule 60S-4.012, F.A.C.

2. The officer shall be entitled to receive an additional retirement benefit as provided in paragraph 60S-4.004(1)(c), F.A.C., if such officer satisfies vesting requirements as provided in Rule 60S-4.003, F.A.C. completes at least eight years of service in the Elected Officers’ Class. Such service may include credit for post-retirement service as an elected officer prior to July 1, 1990 that the officer claims under the Elected Officers’ Class pursuant to paragraph 60S-2.008(2)(a), F.A.C.

3. through 4. No change.

(b) through (d) No change.

(e) Any such officer who held an elected office prior to July 1, 1990, suspended his or her retirement benefit, and reinstated his or her Florida Retirement System membership shall have his or her retirement benefit recomputed using such period of creditable reemployment as provided in subsection 60S-2.008(1), F.A.C.

(f) No change.

(g) Renewed membership in the Florida Retirement System is closed to any retiree of a state administered retirement system who is initially reemployed on or after July 1, 2010.

Rulemaking Specific Authority 121.031, 121.052(7) FS. Law Implemented 121.031, 121.051, 121.052, 121.053 FS. History–New 11-6-84, Amended 4-17-85, Formerly 22B-1.055, Amended 3-11-87, 11-14-91, Formerly 22B-1.0055, Amended 3-18-93, 2-24-99, 9-17-03,________.

60S-1.0057 Senior Management Service Class (SMSC).

(1) Compulsory Membership – Membership in the Senior Management Service Class shall be compulsory, except as provided in subsection 60S-1.0057(7)(2), F.A.C., for any member of the Florida Retirement System or an existing system who holds any of the following positions:

Position	Effective date
(a) Positions assigned to the Senior Management Service, as provided in Part III of Chapter 110, F.S., and Chapter 60L-31, F.A.C.	February 1, 1987 and after
(b) Certain legislative positions as follows: Up to 75 nonelective positions at the level of committee staff director or higher or equivalent managerial or policy-making positions within the House of Representatives, as selected by the Speaker of the House of Representatives. Up to 50 nonelective positions at the level of committee staff director or higher or equivalent managerial or policy-making positions within the Senate, as selected by the President of the Senate. All staff directors of Joint Committees of the Legislature. The Auditor General and up to nine managerial or policy-making positions within his or her office as selected by the Auditor General. The executive director of the Commission on Ethics.	January 1, 1990
(c) Certain local agency positions as follows: The president of each community college. The manager of each participating city or county. All appointed district school superintendents.	January 1, 1990
(d) Certain State University System positions as follows: State University System Executive Service positions. State university presidents.	January 1, 1991
(e) Certain State Board of Administration positions as follows: The senior managers who have policy-making authority as determined by the Governor, the Chief Financial Officer, and the Attorney General acting as the State Board of Administration.	January 1, 1991
(f) Certain judicial system positions as follows: State Courts Administrator; Deputy State Courts Administrators; Clerk of the Supreme Court; Marshal of the Supreme Court; Executive Director of the Justice Administration Commission; Capital Collateral Regional Counsels; Clerks of the District Courts of Appeals; Marshals of the District Courts of Appeals; and Trial Court Administrators of each Judicial Circuit.	January 1, 1994
Chief Deputy Court Administrator	June 1, 2002
(g) Certain Department of Military Affairs positions as follows: The Adjutant General, Assistant Adjutant General-Army, Assistant Adjutant General-Air, State Quartermaster, Director of Military Personnel, Director of Administration, and up to 4 additional directors as designated by the agency head, not to exceed a total of 10 positions.	July 1, 1996
(h) Judges of compensation claims within the Department of Labor and Employment Security.	July 1, 1999
(i) Assistant state attorneys, assistant statewide prosecutors, assistant public defenders, and assistant capital collateral regional counsels.	January 1, 2001
(j) Assistant attorneys general.	January 1, 2002
(k) Executive directors or staff directors of Metropolitan Planning organization participating in the FRS.	July 1, 2007

(2) Agency Optional Designation of SMSC Positions – certain positions within certain agencies may be designated for inclusion in the SMSC by the employing agency and if so designated shall have compulsory membership in the SMSC, except as provided in subsection 60S-1.0057(7), F.A.C., for any member of the Florida Retirement System or an existing system.

(a) These certain positions with certain agencies which may be designated for inclusion in the SMSC are as follows:

1. Effective January 1, 1994 – positions in the offices of the state attorney and the public defender in each judicial circuit may be designated for inclusion in the Senior Management Service Class as follows:

a. One nonelective full-time position may be designated for each state attorney’s office and each public defender’s office.

b. Additional nonelective full-time positions in such offices with 200 or more filled, regularly established positions may be designated, not to exceed 0.5 percent of the filled, regularly established positions in the office or agency.

2. Effective January 1, 1994, for local agencies such positions may be designated by each local agency employer as follows:

a. One nonelective full-time position may be designated for each local agency employer. Effective July 1, 2000, up to 10 nonelective full-time positions may be designated for each local agency employer.

b. Additional nonelective full-time positions in such agencies with 200 or more filled, regularly established positions may be designated, not to exceed 0.5 percent of the filled, regularly established positions in the office or agency. Effective June 17, 1998, additional nonelective full-time positions in such agencies with 100 or more filled, regularly established positions may be designated, not to exceed 1 percent of the filled, regularly established positions in the office or agency.

3. Effective July 1, 2007, for participating metropolitan planning organizations such positions may be designated by each metropolitan planning organization employer as follows:

a. Up to 10 nonelective full-time positions may be designated.

b. Additional nonelective full-time positions in such agencies with 100 or more filled, regularly established positions may be designated, not to exceed 1 percent of the filled, regularly established positions in the office or agency.

(b) Such designated positions must meet the following requirements:

1. The position must be managerial or policymaking; and

2. The position must be the head of an organizational unit, or responsible for effecting or recommending personnel, budget, expenditure, or policy decisions in its area of responsibility; and

3. The position must be one in which the employee filling the position is not subject to continuing contract and does not have civil service protection, that is, is subject to termination without cause.

1. Publish in a newspaper of general circulation in the county or counties affected, once a week for 2 consecutive weeks, a notice of intent to designate a position or positions for inclusion in the class; and

2. Complete Form SMSD-1 (Rev 08/00), Florida Retirement System Senior Management Service Class Designated Position Form, herein adopted by reference. The position number of the designated position, consisting of from 1 to 10 numeric digits, must be included on the Form SMSD-1.

(d) Inclusion of the position in the SMSC shall be effective on January 1, 1994 or, if Form SMSD-1 is received by the Division after February 20, 1994, on the first day of the month following the month in which Form SMSD-1 is received by the Division.

(3) Removal of Positions from the SMSC – Each local agency employer may between July 1, 1997 and December 31, 1997, reassess its designation of positions for inclusion in the Senior Management Service Class as provided in subsection (2), and may request removal of any such previously designated positions that it deems appropriate. Such removal of positions shall be effective on the first day of the month following receipt of written notification by the Division before January 1, 1998.

(a) Effective February 1, 1987 – positions assigned to the Senior Management Service, as provided in Part III of Chapter 110, F.S., and Chapter 60N-1, F.A.C.

(b) Effective January 1, 1990 – certain legislative positions as follows:

1. Up to 75 nonelective positions at the level of committee staff director or higher or equivalent managerial or policy-making positions within the House of Representatives, as selected by the Speaker of the House of Representatives.

2. Up to 50 nonelective positions at the level of committee staff director or higher or equivalent managerial or policy-making positions within the Senate, as selected by the President of the Senate.

3. All staff directors of Joint Committees of the Legislature.

4. The Auditor General and up to nine managerial or policy-making positions within his office as selected by the Auditor General.

5. The executive director of the Commission on Ethics.

1. The president of each community college;

2. The manager of each participating city or county;

3. All appointed district school superintendents.

(d) Effective January 1, 1991 – certain State University System positions as follows:

1. State University System Executive Service positions.

2. State university presidents.

(e) Effective January 1, 1991 – certain State Board of Administration positions as follows:

1. The senior managers who have policy-making authority as determined by the Governor, Treasurer, and Comptroller acting as the State Board of Administration.

(f) Certain judicial system positions as follows:

1. Effective January 1, 1994:

a. State Courts Administrator;

b. Deputy State Courts Administrators;

c. Clerk of the Supreme Court;

d. Marshal of the Supreme Court;

e. Executive Director of the Justice Administration Commission;

f. Capital Collateral Regional Counsels;

g. Clerks of the District Courts of Appeals;

h. Marshals of the District Courts of Appeals; and

i. Trial Court Administrators of each Judicial Circuit.

2. Effective June 1, 2002 – Chief Deputy Court Administrator.

(g) Effective January 1, 1994 – positions may be designated for inclusion in the Senior Management Service Class as provided below:

1. In the offices of the state attorney and the public defender in each judicial circuit, such positions may be designated by each state attorney and public defender as follows:

a. One nonelective full-time position may be designated for each state attorney’s office and each public defender’s office.

2. In local agencies such positions may be designated by each local agency employer as follows:

c. Each local agency employer may between July 1, 1997 and December 31, 1997, reassess its designation of positions for inclusion in the Senior Management Service Class as provided in subsubparagraph b., and may request removal of any such previously designated positions that it deems appropriate. Such removal of positions shall be effective on the first day of the month following receipt of written notification by the Division before January 1, 1998.

3. Such designated positions must meet the following requirements:

a. The position must be managerial or policymaking; and

b. The position must be the head of an organizational unit, or responsible for effecting or recommending personnel, budget, expenditure, or policy decisions in its area of responsibility; and

c. The position must be one in which the employee filling the position is not subject to continuing contract and does not have civil service protection, that is, is subject to termination without cause.

4. The employer designating such positions must:

a. Publish in a newspaper of general circulation in the county or counties affected, once a week for 2 consecutive weeks, a notice of intent to designate a position or positions for inclusion in the class; and

b. Complete Form SMSD-1, Senior Management Service Class Designated Position Form, adopted in Chapter 60S-9, F.A.C. The position number of the designated position, consisting of from 1 to 10 numeric digits, must be included on the Form SMS-1.

5. Inclusion of the position in the SMSC shall be effective on January 1, 1994 or, if Form SMSD-1 is received by the Division after February 20, 1994, on the first day of the month following the month in which Form SMSD-1 is received by the Division.

6. Eligible employees filling designated positions must complete and submit application forms as provided in subsection 60S-1.0057(3), F.A.C.

(h) Effective July 1, 1996 – certain Department of Military Affairs positions including the Adjutant General, Assistant Adjutant General-Army, Assistant Adjutant General-Air, State Quartermaster, Director of Military Personnel, Director of Administration, and up to 4 additional directors as designated by the agency head, not to exceed a total of 10 positions.

(i) Effective July 1, 1999 – Judges of compensation claims within the Department of Labor and Employment Security.

(j) Effective January 1, 2001 – Assistant state attorneys, assistant statewide prosecutors, assistant public defenders, and assistant capital collateral regional counsels.

(k) Effective January 1, 2002 – Assistant attorneys general.

(4)(l) Renewed Membership in the SMSC – Effective July 1, 1997 and through June 30, 2010, any retiree of a state-administered retirement system employed in a position included in the Senior Management Service Class as provided in this subsection, shall have renewed membership in the Senior Management Service Class as provided in Rule 60S-1.0045, F.A.C. Any retiree of a state retirement system initially reemployed on or after July 1, 2010, is not eligible for renewed membership as provided in Sections 121.122 and 121.053, F.S.

(5)(m) Effective Date of Membership in the SMSC – the The effective date of membership shall be the latest of the following dates:

(a)1. Date of inclusion of position in the Senior Management Service Class, or

(b)2. Date of appointment to a Senior Management Service Class position, or

(c)3. For members of existing systems or the Special Risk or Special Risk Administrative Support Classes who are eligible for the options provided in subsection 60S-1.0057(7)(2), F.A.C., the first day of the month during which such member files his or her written election makes application for membership in the Senior Management Service Class, or 90 days after employment begins in a Senior Management Service Class position for such member who fails to elect membership in the Senior Management Service Class within such 90 day period.

(6)(n) Termination of Membership in the SMSC – Membership in the Senior Management Service Class shall cease when a member terminates employment in a Senior Management Service Class position.

(7)(2) Optional Membership – Membership in the Senior Management Service Class shall be optional for certain eligible members according to the following:

(a) Any member holding a position eligible for membership in the Senior Management Service Class who is a member of an existing retirement system may elect to remain in such system in lieu of participation in the Senior Management Service Class as follows:

1. Such election shall be made in writing with the personnel office of the employer and the Division within 90 days after employment begins in a Senior Management Service Class position.

2. Any such employee who fails to elect to remain in such system within such 90-day period shall be a compulsory member of the Senior Management Service Class as provided in subsection 60S-1.0057(1), F.A.C.

(b)(a) Any member holding a position eligible for membership in the Senior Management Service Class position as provided in paragraphs 60S-1.0057(1) (a), (b), (e), (f), (g) and (h) (c), (d), and (e), F.A.C., who is a member of an existing retirement system, or the Special Risk Class or the Special Risk Administrative Support Class of the Florida Retirement System, may elect to remain in such system or class in lieu of participation in the Senior Management Service Class as follows:

1. Such election shall be made in writing, as provided in subsection 60S-1.0057(3), F.A.C., and filed with the personnel office of the employer and the Division within 90 days after employment begins in a Senior Management Service Class position.

2. Any such employee who fails to elect to remain in such system or class, or elect to participate in the Senior Management Optional Annuity Program as provided in paragraph 60S-1.0057(7)(c),(2)(b), F.A.C., within such 90-day period, shall be a compulsory member of the Senior Management Service Class as provided in subsection 60S-1.0057(1), F.A.C.

3. If a Special Risk Class or a Special Risk Administrative Support Class member wishes to make such an election, the Senior Management Service Class position to which he or she is assigned must be an eligible Special Risk Class or Special Risk Administrative Support Class position.

(c)(b) Any member of the Florida Retirement System Pension Plan or an existing system who is eligible for membership in the Senior Management Service Class as provided in paragraphs 60S-1.0057(1)(a), (b), (e), (f), (g)1., (h), (i) and (7)(f)1., (2) (e)1., F.A.C., may elect to participate in the Senior Management Service Optional Annuity Program (SMSOAP) as provided in Section 121.055, F.S., and Chapter 60V, F.A.C., in lieu of the Senior Management Service Class as follows:

1. Such election shall be made in writing to the Plan Choice Administrator as defined in subsection 60S-6.001(50), F.A.C., within the 90-day period of the commencement of such eligible employment as provided in Rule 19-11.006, F.A.C. Such election may be filed using the State Board of Administration designed form for ease of use; Form SMS-1, State Senior Management Service Employees Retirement Plan Form adopted by reference in subsection 60S-1.004(1), F.A.C., or alternatively the employee may choose to submit a separate document in lieu of Form SMS-1, to file their election with the Plan Choice Administrator which at minimum shall provide the employee’s name, social security number and his or her plan election. Such election requires that a contract with a SMSOAP provider company be executed within that 90-day period.., as provided in subsection 60S-1.0057(3), F.A.C., and filed with the personnel office of the employer and the Division within 90 days after employment begins in a Senior Management Service Class position. The effective date of such member’s participation in the Senior Management Service Optional Annuity Program shall be the date of employment or the first day of any month in which such election is received by the Plan Choice Administrator within during the 90-day period after employment begins in the Senior Management Service Class position., if so specified by the member, as provided in subsection 60V-1.005(2), F.A.C.

2. Any such eligible employee who fails to elect to participate in the Senior Management Service Optional Annuity Program, and/or execute a contract with a SMSOAP provider company, or to make the election as provided in paragraph 60S-1.0057(7)(a) or (b) (2)(a), F.A.C., within such 90-day period, shall be a compulsory member of the Senior Management Service Class as provided in subsection 60S-1.0057(1), F.A.C.

(d)(c) Any member of the Florida Retirement System Pension Plan or an existing system who is eligible for membership in the Senior Management Service Class as provided in paragraphs 60S-1.0057(1)(c), (2)(a)2.(g)2. and (7)(f)2., F.A.C., (2)(e)2., F.A.C., may elect to withdraw from the Florida Retirement System altogether, in lieu of membership in the Senior Management Service Class as follows:

1. Such election shall be made in writing to the Plan Choice Administrator as defined in subsection 60S-6.001(50), F.A.C., in accordance with Rule 19-11.006, F.A.C. Such election may be filed using the State Board of Administration form designed for ease of use; Form SMS‑3, Local Senior Management Service Employees Retirement Plan Enrollment Form, adopted by reference in subsection 60S-1.004(1), F.A.C., or alternatively the employee may choose to submit a separate document in lieu of Form SMS-3, to file their election with the Plan Choice Administrator which at minimum shall provide the employee’s name, social security number and his or her plan election as provided in subsection 60S-1.0057(3), F.A.C., and filed with the personnel office of the employer and the Division. The election to withdraw altogether shall be irrevocable for as long as the employee holds a position eligible for membership in the Senior Management Service Class. The effective date of such election shall be the first day of the month following the month in which the Plan Choice Administrator receives the written election Form SMS-3 is received by the Division.

2. Such members are not eligible to participate in the Senior Management Service Optional Annuity Program administered by the Division of Retirement.

(e)(d) Any member of the Florida Retirement System Pension Plan or an existing system who is eligible for membership in the Senior Management Service Class as provided in paragraph 60S-1.0057(1)(d), F.A.C., shall by default be enrolled into the State University System Optional Retirement Program (SUSORP) prospectively upon such eligible employment and; except for those filling a mandatory SUSORP position, may choose between membership in the Florida Retirement System or participation in the SUSORP within 90 days of employment may elect to participate inthe Optional Retirement Program of the State University System as provided in Section 121.35, F.S., and Chapter 60U, F.A.C., in lieu of the SMSC as follows:

1. Employees enrolled by default into the SUSORP, except for those filling a mandatory SUSORP position as provided in Section 121.051, F.S., may choose between membership in the Florida Retirement System or participation in the SUSORP within 90 days of employment by filing such election in writing with the Plan Choice Administrator as defined in subsection 60S-6.001(50), F.A.C., not later than 4:00 p.m. Eastern Time on the 90th day from the employee’s date of hire into the SUSORP eligible position in accordance with Sections 121.35 and 121.4501, F.S., and Rule 19-11.006, F.A.C. The eligible employee may use the State Board of Administration’s designed form for ease of use; ORP-16, State University System Optional Retirement Program (SUSORP) Retirement Plan Enrollment Form, adopted by reference in subsection 60S-1.005(1), F.A.C., to file such election or alternatively the employee may choose to submit a separate document in lieu of Form ORP-16, to file their election with the Plan Choice Administrator which at minimum shall provide the employee’s name, social security number and his or her plan election.

2. Employees who file an election to participate in the SUSORP, other than mandatory SUSORP participants who must elect this option, must also execute a contract with a SUSORP provider company no later than the 90th day from the employee’s date of hire into the SUSORP eligible position in accordance with Sections 121.35 and 121.4501, F.S., and Rule 19-11.006, F.A.C., or shall by default have membership in the FRS commencing with the date of employment into the SUSORP-eligible position. Mandatory SUSORP participants must execute a contract with a SUSORP provider company otherwise contributions will not be allocated to a SUSORP provider company.

3. Employees enrolled by default in the SUSORP, except for mandatory SUSORP participants, who do not elect SUSORP participation and/or who do not execute a provider contract within the 90-day period as provided in subparagraph 2. or to make the election as provided in paragraph 60S-1.0057(1)(a) or (b), shall by default have membership in the FRS commencing with the date of employment into the SUSORP-eligible position.

4. An election to participate in SUSORP is irrevocable for as long as an employee remains in the SUSORP-eligible position.

2. Any such eligible employee who fails to elect to participate in the Optional Retirement Program of the State University System or to make the election as provided in paragraph 60S-1.0057(2)(a), F.A.C., within such 90-day period shall be a compulsory member of the Senior Management Service Class as provided in subsection 60S-1.0057(1), F.A.C.

(f)1.(e) Effective July 1, 1997, within 6 months of assuming office or within 6 months of July 1, 1997, the following elected officers eligible for membership in the Elected Officers’ Class as provided in subsection 60S-1.0055(1), F.A.C., and who have not previously retired from a State of Florida administered retirement plan, may elect membership in the Senior Management Service Class in lieu of the Elected Officers’ Class:

a.1. Any elected state officer; and

b.2. Any elected county, city, or independent special district officer.

2. Such elected officer may file their election in writing to the Plan Choice Administrator as defined in subsection 60S-6.001(50), F.A.C., no later than the last business day of the 6th month after assuming elected office as provided in Sections 121.055, and 121.4501, F.S. and Rule 19-11.006, F.A.C., using the SBA designed form for ease of use; Form EOC-1, Elected Officers’ Class Retirement Plan Enrollment Form adopted by reference in subsection 60S-1.004(1), F.A.C., or alternatively the employee may choose to submit a separate document in lieu of Form EOC-1 to file their election with the Plan Choice Administrator which at minimum shall provide the employee’s name, social security number and his or her election.

(g)(f) Assistant state attorneys, assistant statewide prosecutors, assistant public defenders, and assistant capital collateral regional counsels shall not be eligible to participate in the Senior Management Service Optional Annuity Program.

(3) Employees who are eligible to participate in the Senior Management Service Class shall complete and submit to the Division of Retirement the following:

(a) State employees.

1. Employees who elect to participate in the Senior Management Service Class or the Senior Management Service Class Optional Annuity Program, as provided in paragraph 60S-1.0057(2)(b), F.A.C., shall complete and submit Form SMS-1, Senior Management Service Class Optional Annuity Program (SMSOAP)/FRS Ballot, adopted in Chapter 60S-9 F.A.C.

2. Elected officers who elect to participate in the Senior Management Service Class, as provided in paragraph 60S-1.0057(2)(e), F.A.C., or the Senior Management Service Class Optional Annuity Program as provided in paragraph 60S-1.0057(2)(b), F.A.C., shall complete and submit Form SMS-1, “Senior Management Service Class Optional Annuity Program (SMSOAP)/FRS Ballot or Form EOC-1, Florida Retirement System Ballot Form for Employees of Elected Officers’ Class, adopted in Chapter 60S-9, F.A.C.

(b) Local employees.

1. Employees who elect to participate in the Senior Management Service Class shall complete and submit Form SMS-3, and Form SMSC Ballot/Enrollment Form for Local Agency Employees, adopted in Chapter 60S-9, F.A.C.

2. Employees who elect to withdraw from the Florida Retirement System altogether, as provided in paragraph 60S-1.0057(2)(c), F.A.C., shall complete and submit Form SMS-3, and Form SMSC Ballot/Enrollment Form for Local Agency Employees.

(8)(4) A member of the Senior Management Service Class shall retain all rights and creditable service accumulated in the Florida Retirement System or existing system prior to membership in the Senior Management Service Class.

Rulemaking Specific Authority 121.031, 121.4501(8)(a) FS. Law Implemented 27.701, 121.051, 121.055 FS. History–New 1-12-87, Amended 2-7-89, 9-5-90, 11-14-91, Formerly 22B-1.0057, Amended 1-25-94, 8-4-94, 12-12-96, 2-24-99, 9-17-03,________.

60S-1.007 Admission of Cities, Independent Special Districts, Metropolitan Planning Organizations, Public Charter Schools and Public Charter Technical Career Centers and to the Florida Retirement System.

(1) Social Security Coverage Required – Any city or independent special district or unit thereof, or metropolitan planning organization, public charter school or public charter technical career center desiring to participate in the Florida Retirement System must be approved for social security coverage by the United States Secretary of Health and Human Services and the Administrator prior to participating in the Florida Retirement System. Application for social security coverage shall be made to the Administrator in accordance with Chapter 650, F.S.

(2) Request for Membership – The governing body of the city, independent or special district, metropolitan planning organization, public charter school or public charter technical career center desiring to participate in the Florida Retirement System shall submit a request to the Administrator. This request must indicate whether or not the present officers and employees are covered by a retirement system and whether or not they are covered by social security.

(3) Ordinance ordinance or Resolution – The Administrator shall furnish the governing body of the city, or independent special district, metropolitan planning organization, public charter school or public charter technical career center a sample ordinance or resolution, whichever is applicable, which may be used by the governing body of the city, independent or special district, metropolitan planning organization, public charter school or public charter technical career center in setting forth the terms under which the benefits of the Florida Retirement System will be extended to the officers and employees of the covered group.

(4) The ordinance adopted by a city and the resolution adopted by an a independent special district, metropolitan planning organization, public charter school or public charter technical career center shall include the following:

(a) Designation of those officers and employees who are eligible and those officers and employees who are not eligible for participation in the Florida Retirement System.

(b) A declaration of the intent of the city, independent or special district, metropolitan planning organization, public charter school or public charter technical career center to extend the benefits of the Florida Retirement System to all eligible officers and employees as of a specific date.

(c) Designation of an official of the city, independent or special district, metropolitan planning organization, public charter school or public charter technical career center to execute agreements and amendments thereto with the Director of the Division of Retirement.

(d) Provisions for withholding from employees’ compensation each pay period the social security contributions required by Rule 60S-3.010, F.A.C.

(e) Provisions for the city, independent or special district, metropolitan planning organization, public charter school or public charter technical career center to remit to the Division each pay period in accordance with Rule 60S-3.011, F.A.C., the contributions required to be paid pursuant to Rule 60S-3.003, F.A.C.

(f) Provisions for the establishment, maintenance, and submission of such records relating to the Florida Retirement System as are required by the Administrator.

(g) Certification of the effective date of the ordinance or resolution.

(5) Agreement – The governing body of each city, independent or special district, metropolitan planning organization, public charter school or public charter technical career center not participating in an existing retirement system on November 30, 1970, which desires to participate in the Florida Retirement System shall be required to enter into an agreement with the Director of the Division of Retirement. The agreement shall include the following provisions:

(a) That benefits shall be provided for all eligible officers and employees in accordance with the provisions of Chapter 121, F.S., and these rules and regulations.

(b) That the required contributions for social security shall be deducted from the compensation of all members each pay period and shall be remitted as required by Rule 60S-3.010, F.A.C.

(c) That the city, independent or special district, metropolitan planning organization, public charter school or public charter technical career center shall remit to the Division each pay period in accordance with Rule 60S-3.011, F.A.C., the contributions required to be paid pursuant to Rule 60S-3.003, F.A.C.

(d) That failure of the city, independent or special district, metropolitan planning organization, public charter school or public charter technical career center to comply with the agreement with regard to the payment of employer and employee retirement contributions when due shall be the basis for the Administrator invoking the applicable provisions of Rule 60S-3.011, F.A.C.

(e) That the city, independent or special district, metropolitan planning organization, public charter school or public charter technical career center shall establish and maintain such records and make such reports relating to the Florida Retirement System as may be required by the Administrator.

(f) That the city, independent or special district, metropolitan planning organization, public charter school or public charter technical career center shall or shall not provide for all or any part of the past service of its employees. This part of the agreement shall be binding and irrevocable effective with the date of coverage in the Florida Retirement System.

1. If past service is to be provided, the agreement must stipulate the amount of past service to be provided by the city, independent or special district, metropolitan planning organization, public charter school or public charter technical career center. The cost of such past service shall be computed by the Division of Retirement. If the agency does not wish to pay the entire cost immediately, a 10% down payment shall be required and the balance shall be paid in yearly installments amortized over a period determined by the following formula: The average age of the employees of the city, independent or special district, metropolitan planning organization, public charter school or public charter technical career center joining the system is subtracted from 62 (normal retirement age for a Regular Class regular member of the Florida Retirement System), and the difference shall be the maximum number of years, not to exceed 15 years, over which the payments may be amortized. The agency may elect to amortize payments over a shorter period of time than the maximum years allowed. Interest charged shall be 4 percent compounded annually until July 1, 1975 and 6.5 percent compounded annually thereafter until date of payment.

2. At the time the agency begins participating in the Florida Retirement System, the city, independent or special district, metropolitan planning organization, public charter school or public charter technical career center shall provide certification of monthly service and earnings for all employees eligible to claim past service credit, whether or not the past service credit is purchased by the employer.

(g) That the agreement may not be revoked, except as provided in subsection 60S-1.007(8), F.A.C., and that all officers and employees employed on or after the effective date of the agreement shall be compulsory members of the Florida Retirement System as a condition of employment.

(6) Certified Financial Statement – The governing body of a city, independent or special district, metropolitan planning organization, public charter school or public charter technical career center which has a local retirement system shall, prior to the city, independent or special district, metropolitan planning organization, public charter school or public charter technical career center being approved for participation in the Florida Retirement System, submit to the Administrator a certified financial statement showing the condition of the local retirement system as of a date within 3 months prior to the effective date of membership in the Florida Retirement System. The statement shall be certified by a recognized accounting firm which is independent of the local retirement system.

(7) All required documents necessary for extending Florida Retirement System coverage shall be delivered to the Division of Retirement for consideration at least 15 days prior to the effective date of coverage. If this is not complied with, the Division of Retirement may require that the effective date of coverage be changed.

(8) The governing body of a city or independent special district that participates in the Florida Retirement System may revoke its election to participate with an effective date of January 1, 1996, in accordance with the provisions of Section 121.0511, or 121.051(2)(b)5, F.A.C.

Rulemaking Specific Authority 121.031 FS. Law Implemented 121.021(34), 121.051(2)(b), (3), 121.051, 121.0511 FS. History–New 1-1-72, Amended 12-31-74, 1-16-77, 8-26-81, 1-19-82, 11-6-84, Formerly 22B-1.07, Amended 5-19-91, Formerly 22B-1.007, Amended 3-12-96,________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Sarabeth Snuggs, Director, 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

Document Information

Comments Open:: 10/21/2011
Summary:: The amendments set forth the available Florida Retirement System (FRS) plan choices as provided by statute and as administered by the Florida State Board of Administration (SBA) and incorporates by reference ten SBA plan election forms; adds references to metropolitan planning organizations, public charter schools and public charter technical career centers which are now statutorily permitted to participate in the FRS; incorporates by reference one new Division of Retirement form, two revised ...
Purpose:: Rule Chapter 60S-1, F.A.C., is being amended to incorporate statutory changes up through the 2010 Legislative session, delete obsolete language and make technical corrections.
Rulemaking Authority:: 121.031, 121.0515, 121.052(14), 121.4501(8)(a) FS.
Law:: 27.701, 112.0515, 112.25-.31, 121.011, 121.021, 121.031, 121.051, 121.0511, 121.0515, 121.052, 121.053, 121.055, 121.081, 121.091, 121.122, 121.23, 121.35, 121.355, 121.4501, 240.3195, 1012.875 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: (11): 60S-1.004. Participation; 60S-1.0045. Renewed Membership in the Regular Class and Senior Management Service Class; 60S-1.005. Special Risk Class; Legislative Intent and Procedures; 60S-1.0051. Criteria for Special Risk Membership - Law Enforcement; 60S-1.0052. Criteria for Special Risk Membership - Firefighters; More ...