To update and clarify policies and procedures related to identity verification for benefit recipients in the FRS.

 

DEPARTMENT OF MANAGEMENT SERVICES

Division of Retirement

RULE NO.:RULE TITLE:

60S-4.002Statements of Policy

PURPOSE AND EFFECT: To update and clarify policies and procedures related to identity verification for benefit recipients in the FRS.

SUMMARY: The proposed amendments update and clarify the policies and procedures related to identity verification for benefit recipients in the FRS.

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:

the agency, utilizing the expertise of division personnel, determined no SERC was required after completing the SERC checklist analysis.

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: 121.031(1), 121.052(14), 121.091, 121.091(14), 121.30(9), 121.1001(4) F.S.

LAW IMPLEMENTED: 121.021, 121.031, 121.051, 121.052 121.053, 121.055, 121.091, 121.23, 121.133, 121.30 F.S.

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: Nicolle Bournival, Retirement Policy Administrator telephone: [phone], email: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

60S-4.002 Statements of Policy.

(1) through (2) No change.

(3) A member’s initial benefit as defined in Rule 60S-6.001, F.A.C., before adjustments for option 2, 3, or 4, may not exceed the lesser of 100% of the member’s average final compensation or the prescribed federal limits in accordance with Internal Revenue Code Section 415 and rulings pertaining thereto. If a member participates in any other plan maintained by an a participating employer, benefits that accrue under the Florida Retirement System shall be considered primary for any aggregate limitation applicable under Internal Revenue Code Section 415, F.S.

(4) through (6) No change.

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

(8) No change.

(9) To ensure the removal of names of deceased payees retirees or beneficiaries (benefit recipients) from the benefit payroll, the Division shall, at least once each year, conduct an audit of all payees the benefit recipients living outside of the United States of America (USA), to confirm confirming that the payees benefit recipients being paid are still living. The Division may require payees for whom vital statistics are not available to demonstrate proof of life. Proof of life may be demonstrated through a provider company under contract with, and paid for by, the Department, or by submission of a completed Since vital statistics listings are not available for individuals living out of the USA, the benefit payment recipient will be sent Form SAPS (Rev. XX/23 04/14), http://www.flrules.org/Gateway/reference.asp?No=Ref-04411, Florida Retirement System Statement Attesting to Payee Status, which is incorporated herein by reference. When the reported death of a payee benefit recipient living in the USA cannot be verified from vital statistics records the Division may require verification through a provider company under contract with, and paid for by, the Department, or by submission of a completed Form SAPS AAPS (Rev. 04/14), http://www.flrules.org/Gateway/reference.asp?No=Ref-04412, Florida Retirement System Pension Plan Affidavit Attesting to Payee Status, https://www.flrules.org/gateway/reference.asp?NO=Ref-04777, https://www.flrules.org/gateway/reference.asp?NO=Ref-04778, is required to be completed and returned to the division. Both forms are herein incorporated by reference, and require the still living benefit recipient to sign and return the form to the Division. These forms Form SAPS may also be obtained by calling the Division Toll Free at [phone], if calling from outside the Tallahassee calling area or locally at [phone]. Individuals with a hearing or speech impairment may call the Division via T.D.D. at the Florida Relay System by dialing 711 or [phone]. The Division shall suspend the benefits payable to any retiree or beneficiary not confirmed to be living.

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

(11) No change.

(12) A member or payee may designate an attorney in fact agent to handle his or her affairs by properly executing a power of attorney in accordance with Chapter 709, F.S. To establish a power of attorney with the Division, a copy of the original power of attorney must be submitted with the member’s or payee’s signature properly witnessed, and must designate the authorized attorney in fact agent to act on his or her behalf. The document must clearly state the specified acts to be performed on behalf of the member or payee. The division also requires the agent to submit a properly propertly executed affidavit in accordance with Section 709.2119, F.S. Upon receipt of the properly executed power of attorney and affidavit, the Division division will determine if the power of attorney document clearly specifies the acts required for payment of pension benefits. The Division division will notify the payee and the agent of its determination. A power of attorney may be revoked by either written notification from the member or payee, death of the member or payee, or acts deemed to be inconsistent with authority. Once a power of attorney has been filed with the Division, the Division must be notified if the power of attorney is ever revoked.

(13) through (14) No change.

Rulemaking Authority 121.031(1), 121.052(14), 121.091, 121.091(14), 121.30(9), 121.1001(4) FS. Law Implemented 121.021, 121.031, 121.051, 121.052 121.053, 121.055, 121.091, 121.23, 121.133, 121.30 FS. History–New 1-1-72, Amended 10-20-72, Repromulgated 12-20-74, Amended 12-31-74, 1-16-77, 7-1-79, 12-22-80, 8-26-81, 2-6-84, 11-6-84, 4-17-85, Formerly 22-2.02, Amended 2-4-86, 3-11-87, 9-5-90, Formerly 22B-2.002, Amended 2-24-99, 8-13-03, 4-5-12, 3-25-13, 2-5-15.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Nicolle Bournival, Retirement Policy Administrator, Department of Management Services

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Pedro Allende, Secretary, Department of Management Services

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: 10/19/2023

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: 10/31/2023