The Commission proposes a rule amendment that clarifies the types of hearings for which the Division of Retirement has the burden of proof before the State Retirement Commission.

 

DEPARTMENT OF MANAGEMENT SERVICES

State Retirement Commission

RULE NO.:RULE TITLE:

60R-1.0047Burden of Proof

PURPOSE AND EFFECT: The Commission proposes a rule amendment that clarifies the types of hearings for which the Division of Retirement has the burden of proof before the State Retirement Commission.

SUMMARY: The proposed rule amendment clarifies that the Division of Retirement has the burden of proof before the Commission for termination cases as well as the currently listed re-examination cases.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Commission meeting, the Commission concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Commission determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 121.24(5) FS.

LAW IMPLEMENTED: 120.569, 120.57(1), 121.0515, 121.23 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Julie Morales, Commission Clerk, [phone] or [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

60R-1.0047 Burden of Proof.

In cases concerning applications for disability retirement benefits, or special risk membership, the burden of proof shall be on the member seeking to show entitlement to such benefits. In cases concerning reexamination of members receiving disability retirement benefits or reexamination of special risk members, or in cases where disability retirement benefits were terminated by the Division due to a member’s concurrent reemployment, the burden of proof shall be on the Division which is seeking to discontinue the benefit. In the case of hearings to review the Department’s denial of specification of a class for special risk membership, the burden of proof shall be on the employing agency. This rule shall be reviewed, and if necessary, repealed, modified, or renewed through the rulemaking process five years from the effective date.

Rulemaking Authority 121.24(5) FS. Law Implemented 120.569, 120.57(1), 121.0515, 121.091(4), 121.23 FS. History–New 8-19-87, Section 22J-1.0047 was formerly subsection (4) of 22J-1.005, Amended 8-12-91, Formerly 22J-1.0047_______________________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: State Retirement Commission

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: State Retirement Commission

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 16, 2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 2, 2023