Scope and Purpose, Statements of Policy, Retirement Application and Effective Retirement Date, Benefits Payable for Disability Retirement, Benefits Payable Upon Death, Benefits Payable After Termination, Retirement Benefit Payment Options, ...

DEPARTMENT OF MANAGEMENT SERVICES
Division of Retirement

RULE NO.: RULE TITLE:
60S-4.001: Scope and Purpose
60S-4.002: Statements of Policy
60S-4.0035: Retirement Application and Effective Retirement Date
60S-4.007: Benefits Payable for Disability Retirement
60S-4.008: Benefits Payable Upon Death
60S-4.009: Benefits Payable After Termination
60S-4.010: Retirement Benefit Payment Options
60S-4.011: Designation of Beneficiary
60S-4.012: Employment After Retirement

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 37 No. 47, November 23, 2011 issue of the Florida Administrative Weekly.

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.

60S-4.001 Scope and Purpose.

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

60S-4.002 Statements of Policy.

(9) To ensure the removal of names of deceased retirees or beneficiaries from the benefit payroll, the Division shall, at least once each year, conduct an audit of the benefit payroll to determine that the persons to whom benefits are being paid are still living. The benefit payment recipient may be sent Form SAPS (Rev. 10/02), Florida Retirement System Statement Attesting to Payee Status, or Form AAPS (Rev. 08/00), Florida Retirement System Pension Plan Affidavit Attesting to Payee Status, both of which are herein incorporated by reference, and require requires the still living benefit payee recipient to sign and return the form to the Division. The Division shall suspend the benefits payable to any retiree or beneficiary not confirmed to be living. These forms may also be obtained by calling the Division’s Survivor Benefits Section Toll Free at 1(877)377-4347, 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 1(800)955-8771.

60S-4.0035 Retirement Application and Effective Retirement Date.

(1) It shall be the responsibility of the FRS Pension Plan member, the State and County Officers’ and Employees’ Retirement System member, the Teachers’ Retirement System member or the beneficiary of any such member in the event of the member’s death, to make proper application to the Division for retirement benefits. A member may apply for retirement benefits within 6 months prior to his or her date of termination of employment. If a member terminates his or her employment and elects to defer his or her retirement to some future date, he or she may apply for deferred benefits up to 6 months prior to the date he or she desires his or her retirement to become effective. Application for retirement benefits shall be made as follows:

(a) Application for normal or early retirement for FRS Pension Plan members as provided in Rules 60S-4.004 and 60S-4.005, F.A.C., respectively shall be made on Form FR-11 (Rev. 11/10), Florida Retirement System Pension Plan Application for Service Retirement, herein adopted by reference, which may be obtained from the Forms page of the Division’s website, http://frs.MyFlorida.com, or by calling the Division’s Bureau of Retirement Calculations Toll Free at 1(888)738-2252, if calling from outside the Tallahassee calling area or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771;

(b) Application for normal or early retirement for members of the State and County Officers’ and Employees’ Retirement System as provided in Rules 60S-4.004 and 60S-4.005, F.A.C., respectively, shall be filed with the Division on Form SR-11 (Rev. 09/07), State and County Officers’ and Employees’ Retirement System Application for Service Retirement, herein incorporated by reference, which may be obtained from the Forms page of the Division’s website, http://frs.MyFlorida.com, or by calling the Division’s Bureau of Retirement Calculations Toll Free at 1(888)738-2252, if calling from outside the Tallahassee calling area or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771;

(c) Application for normal or early retirement for members of the Teachers’ Retirement System as provided in Rules 60S-4.004 and 60S-4.005, F.A.C., respectively, shall be filed with the Division on Form TR-11 (Rev. 09/07), Teachers’ Retirement System Application for Service Retirement, herein incorporated by reference, which may be obtained from the Forms page of the Division’s website, http://frs.MyFlorida.com, or by calling the Division’s Bureau of Retirement Calculations Toll Free at 1(888)738-2252, if calling from outside the Tallahassee calling area or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771;

(d) Application for retirement benefits by a beneficiary of a deceased FRS Pension Plan member, State and County Officers’ and Employees’ Retirement System member or a Teachers’ Retirement System member as provided in Rule 60S-4.008, F.A.C., shall be filed with the Division on Form FST-11b (Rev 12/02), Florida Retirement System Pension Plan Application of Beneficiary for Monthly Retirement Benefits, herein incorporated by reference, which may be obtained by calling the Division’s Survivor Benefits Section Toll Free at 1(877)377-4347, if calling from outside the Tallahassee calling area or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771. Application for retirement benefits by the contingent beneficiary of a deceased FRS Pension Plan member who selected an Option 2 benefit as provided in Rule 60S-4.010, F.A.C., wherein the primary beneficiary receiving the Option 2 benefit dies within the 10-year period following the member’s effective date of retirement, shall be filed with the Division on Form FST-11so2 (Rev. 12/02), Florida Retirement System Pension Plan Application for Survivor Benefits, herein adopted by reference, which may be obtained by calling the Division’s Survivor Benefits Section Toll Free at 1(877)377-4347, if calling from outside the Tallahassee calling area or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771;

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

1. FRS Pension Plan members shall file such application for disability retirement with the Division on Form FR-13 (Rev. 07/06), Florida Retirement System Pension Plan Application for Disability Retirement, herein adopted by reference, which may be obtained from the Forms page of the Division’s website, http://frs.MyFlorida.com, or by calling the Division’s Disability Determination Section Toll Free at 1(877)738-3725, if calling from outside the Tallahassee calling area or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771.

2. FRS Investment Plan members shall file such application for disability retirement with the Division on Form PR-13 (Rev. 07/06), Florida Retirement System Investment Plan Application for Disability Retirement, herein adopted by reference, which may be obtained from the Forms page of the Division’s website, http://frs.MyFlorida.com, or by calling the Division’s Disability Determination Section Toll Free at 1(877)738-3725, if calling from outside the Tallahassee calling area or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771.

3. State and County Officers’ and Employees’ Retirement System members shall file such application for disability retirement with the Division on Form SR-13 (Rev. 09/71), State and County Officers’ and Employees’ Retirement System Application for Disability Retirement, herein adopted by reference, which may be obtained by calling the Division’s Disability Determination Section Toll Free at 1(877)738-3725, if calling from outside the Tallahassee calling area or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771.

4. Teachers’ Retirement System members shall file such application for disability retirement with the Division on Form TR-13 (Rev. 10/86), Teachers’ Retirement System Employees’ Retirement System Sytem of Florida Application for Disability Retirement, herein adopted by reference, which may be obtained by calling the Division’s Disability Determination Section Toll Free at 1(877)738-3725, if calling from outside the Tallahassee calling area or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771.

60S-4.007 Benefits Payable for Disability Retirement.

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

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

2. Statement of Disability by Employer, Form FR-13a (Rev. 07/06), Florida Retirement System Statement of Disability by Employer, herein adopted by reference, which may be obtained by calling the Division’s Disability Determination Section Toll Free at 1(877)738-3725, if calling from outside the Tallahassee calling area or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771; to be completed by the member’s employer;

3. Two Physician’s Reports to be completed by two Florida licensed physicians as follows:

a. Such reports shall be completed and submitted to the Division on Form FR-13b (Rev. 06/06) Florida Retirement System Physician’s Report, herein adopted by reference, which may be obtained from the Forms page of the Division’s website, http://frs.MyFlorida.com, or by calling the Division’s Disability Determination Section Toll Free at 1(877)738-3725, if calling from outside the Tallahassee calling area or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771.

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

(a) through (f) No change.

(g) A member whose application for regular disability retirement has been denied may, if eligible, elect to receive normal or early service retirement benefits after he or she has filed an appeal to the State Retirement Commission and is awaiting the decision on the appeal. If the member elects to receive service retirement benefits and disability benefits are later approved as a result of the appeal, the payment option chosen by the member cannot be changed. If the member elects to receive early service retirement and the appeal is later denied, the member cannot change his or her election of early retirement. Before beginning to receive regular or early retirement benefits, the member must complete and submit Form SRA-1 (Rev. 12/04), Florida Retirement System Pension Plan Service Retirement Agreement, herein adopted by reference, to the Division attesting to the fact that he or she understands that he or she cannot make such changes after he or she begins receiving the benefits. Form SRA-1 may be obtained by calling the Division’s Disability Determination Section Toll Free at 1(877)738-3725, if calling from outside the Tallahassee calling area or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771.

(5)(a) No change.

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

4. The FRS Investment Plan member shall make his or her option selection on Form PR-11o (Rev. 02/10), Florida Retirement System Investment Plan Option Selection for Disability Retirement, herein adopted by reference, which also requires such member to attest to his or her marital status on Form SA-2 (02/10), Florida Retirement System Investment Plan Spousal Acknowledgment Form for Disability Retirement, herein adopted by reference. A married member who selects option 1 under paragraph (a) or option 2 under paragraph (b) shall notify his or her spouse of such option selection, and the spouse shall acknowledge any such option selection on the SA-2 form. Form PR-11o and Form SA-2 may be obtained from the Forms page of the Division’s website, http://frs.MyFlorida.com, or by calling the Division’s Disability Determination Section Toll Free at 1(877)738-3725, if calling from outside the Tallahassee calling area or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771.

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

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

1. Form FR-13e (Rev. 07/06), “Florida Retirement System Retiree’s Report of Continuing Disability” herein adopted by reference which may also be obtained by calling the Division’s Disability Determination Section Toll Free at 1(877)738-3725, if calling from outside the Tallahassee calling area or locally at [phone] or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771; and

2. Form FR-13f (Rev. 07/06), “Florida Retirement System Physician’s Report of Reexamination” herein adopted by reference which may also be obtained by calling the Division’s Disability Determination Section Toll Free at 1(877)738-3725, if calling from outside the Tallahassee calling area or locally at [phone] or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771.

(13)(b) No change.

2. Statement of Disability by Employer, Form SR-13a (Rev. 09/71), State and County Officers’ and Employees’ Retirement System Statement of Disability by Employer, herein adopted by reference and which may be obtained by calling the Division’s Disability Determination Section Toll Free at 1(877)738-3725, if calling from outside the Tallahassee calling area, or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771, to be completed by the member’s employer;

3. A Physician’s Report, Form SR-13b (Rev. 09/71), State and County Officers’ and Employees’ Retirement System Physician’s Report, herein adopted by reference and which may be obtained by calling the Division’s Disability Determination Section Toll Free at 1(877)738-3725, if calling from outside the Tallahassee calling area, or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771, to be completed by a Florida licensed physician;

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

(a) The Division will mail the member forms SR-13e (Rev.10/86), State and County Officers’ and Employees’ Retirement System Retiree’s Report of Continuing Disability and SR-13f (Rev. 07/81), State and County Officers’ and Employees’ Retirement System Physician’s Report of Reexamination, herein adopted by reference, which may be obtained by calling the Division’s Disability Determination Section Toll Free at 1(877)738-3725, if calling from outside the Tallahassee calling area, or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771. Such forms should be completed by the member and his physician and returned to the Disability Determination Section within 60 days, unless an extension of time is requested and approved by the Division.

(16)(b) No change.

2. Statement of Disability by Employer, Form TR-13a (Rev. 10/86), Teachers’ Retirement System Statement of Disability by Employer, herein adopted by reference and which may be obtained by calling the Division’s Disability Determination Section Toll Free at 1(877)738-3725, if calling from outside the Tallahassee calling area, or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771, to be completed by the member’s employer; and

3. A Physician’s Report, Form TR-13b (Rev. 10/86), Teachers’ Retirement System Physician’s Report, herein adopted by reference and which may be obtained by calling the Division’s Disability Determination Section Toll Free at 1(877)738-3725, if calling from outside the Tallahassee calling area, or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771, to be completed by a Florida licensed physician; and

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

(a) The Division will mail the member forms TR-13e (Rev. 02/88), Teachers’ Retirement System Retiree’s Report of Continuing Disability and TR-13f (Rev.07/81), Teachers’ Retirement System Physician’s Report of Reexamination, herein adopted by reference, which may also be obtained by calling the Division’s Disability Determination Section Toll Free at 1(877)738-3725, if calling from outside the Tallahassee calling area, or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771. Such forms should be completed by the member and his or her physician and returned to the Disability Determination Section within 60 days, unless an extension of time is requested and approved by the Division.

60S-4.008 Benefits Payable Upon Death.

(1)(a) If the death of an FRS Pension Plan member occurs, other than in-line-of-duty, prior to the member becoming vested, the member’s designated beneficiary shall receive a refund of the member’s accumulated contributions, except as provided in subsection 60S-2.010(4), F.A.C., and shall make application to the Division for such refund on Form FST-11g (Rev. 03/10), Florida Retirement System Pension Plan Application of Beneficiary for Benefit Payment, herein adopted by reference, which may be obtained by calling the Division’s Survivor Benefits Section Toll Free at 1(877)377-4347, if calling from outside the Tallahassee calling area, or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771.

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

2. In addition, survivor benefits may be payable in accordance with Section 238.07(18), F.S. Survivors meeting the eligibility eligiblity criteria for such benefits as provided in Section 238.07(18), F.S., shall make application to the Division on Form TR-11c (Rev. 12/02), Teachers’ Retirement System Application for Survivor Benefits, herein incorporated by reference, which may be obtained by calling the Division’s Survivor Benefits Section Toll Free at 1(877)377-4347, if calling from outside the Tallahassee calling area, or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771. An unmarried surviving dependent child of the deceased member over 18 years of age but not over 22 years of age and enrolled as a student in an accredited education institution meeting the eligibility criteria for survivor benefits under Section 238.07(18), F.S., shall also be required to submit the following to the Division for survivor benefit eligibility determination:

a. An acceptance letter from an accredited educational institution or Form SRF-2 (Rev. 07/99), Teachers’ Retirement System Student Report Form, herein adopted by reference and which may be obtained by calling the Division’s Survivor Benefits Section Toll Free at 1(877)377-4347, if calling from outside the Tallahassee calling area, or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771, completed by the accredited educational institution; and

b. A completed Form SRF-3 (Rev.07/99), Teachers’ Retirement System Authorization for Release of Information, herein adopted by reference, which may be obtained by calling the Division’s Survivor Benefits Section Toll Free at [phone], if calling from outside the Tallahassee calling area, or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771; and

c. A completed Form SVF-2 (Rev 07/99), Teachers’ Retirement System Affidavit Attesting to Eligibility, herein adopted by reference, which may be obtained by calling the Division’s Survivor Benefits Section Toll Free at 1(877)377-4347, if calling from outside the Tallahassee calling area, or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771.

(6) (a) through (d) No change.

(e) Disclaimers must be filed within 24 months after the event that created the interest, that is, the death of the member or annuitant. Such disclaimer must be submitted to the Division on Form DIS-1 (Rev. 03/07), Florida Retirement System Pension Plan Disclaimer of Benefits, if the disclaimer is by a surviving beneficiary; or on Form DIS-2 (Rev. 03/07), Florida Retirement System Pension Plan Disclaimer of Benefits, if the disclaimer is by a surviving child; or on Form DIS-3 (Rev. 03/07), Florida Retirement System Pension Plan Disclaimer of Benefits, if the disclaimer is by a surviving beneficiary and child. All such disclaimer forms are herein adopted by reference and may be obtained by calling the Division’s Survivor Benefits Section Toll Free at [phone], if calling from outside the Tallahassee calling area, or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or [phone].

60S-4.009 Benefits Payable After Termination.

(3) In order to receive a refund of contributions under the Florida Retirement System, an FRS member must terminate all employment relationships as provided in the definition of termination in Rule 60S-6.001, F.A.C., and submit a request for refund on Form FRS-M81 (Rev. 05/11 07/01), Florida Retirement System Pension Plan Request for Refund, herein adopted by reference, to the Administrator through his or her employer, containing a certification by his or her employer of his or her termination of employment. Form FRS-M81 may be obtained from the Forms page of the Division’s website, http://frs.MyFlorida.com, or by calling the Division’s DROP Termination and Refund Payment Section Toll Free at [phone], if calling from outside the Tallahassee calling area, or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771. By obtaining a refund of contributions a member waives all rights under the Florida Retirement System to the service credit represented by the refunded contributions, except the right to purchase his or her prior service credit in accordance with Rule 60S-2.004, F.A.C.

60S-4.010 Retirement Benefit Payment Options.

(1) Prior to the receipt of his or her first monthly benefit payment, an FRS Pension Plan member who is eligible for a retirement benefit computed in accordance with Rule 60S-4.004, 60S-4.005, or 60S-4.006, F.A.C., shall select one of the four optional forms of payment of such benefits, as provided in paragraphs (a), (b), (c), or (d), on Form FRS-11o (Rev 01/10), “Florida Retirement System Pension Plan Option Selection for FRS Members”, herein adopted by reference, which also requires such member to attest to his or her marital status on Form SA-l (Rev. 01/10), Florida Retirement System Spousal Acknowledgment Form, herein adopted by reference. Both these forms may be obtained from the Forms page of the Division’s website, http://frs.MyFlorida.com, or by calling the Division’s Bureau of Retirement Calculations Toll Free at 1(888)738-2252, 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 1(800)955-8771. A married member who selects option 1 under paragraph (a) or option 2 under paragraph (b) shall notify his or her spouse of such option selection, and the spouse shall acknowledge any such option selection in accordance with subsection 60S-4.010(9), F.A.C. The four options are as follows:

(a) through (e)1. No change.

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

b. The Division receives two Physician’s Reports, Form SB-13b (Rev. 03/01), Florida Retirement System Pension Plan Physician’s Report, herein adopted by reference, completed by two Florida licensed physicians attesting to the total and permanent disability of the person, and any other evidence of disability requested by the Administrator which may include reports from vocational rehabilitation, evaluation, or testing specialists who have evaluated the applicant for employment. Form SB-13b may be obtained by calling the Division’s Survivor Benefits Section Toll Free at 1(877)377-4347, 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 1(800)955-8771.

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

(a) From October 1, 1979 through June 30, 1984, a retired member may change his or her designated joint annuitant only if his or her first designated joint annuitant is alive and can show evidence of good health as shall be substantiated by a statement from a Florida licensed physician. A member desiring to change his or her designation shall file such change with the Division on Form JA-1 (Rev. 12/02), “Florida Retirement System Pension Plan Change of Joint Annuitant (Retired members only)”, herein adopted by reference, which may be obtained by calling the Division’s Survivor Benefits Section Toll Free at 1(877)377-4347, 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 1(800)955-8771. Upon receipt of the completed form, the Division shall adjust the member’s monthly benefit in accordance with subparagraph 60S-4.010(8)(c)1., F.A.C. The consent of a retired member’s first designated joint annuitant to any such change shall not be required. The effective date of the change will be the first day of the month following receipt of the JA-1 form by the Division.

(d) In the event of the dissolution of marriage of a retired member and his or her designated joint annuitant, such member may, on or after June 17, 1998, elect to nullify the joint annuitant designation of the former spouse, unless there is an existing qualified domestic relations order preventing such action. The member must file with the Division a notarized statement of nullification on Form JA-NUL (Rev. 07/99), Florida Retirement System Pension Plan Joint Annuitant Nullification Form, herein adopted by reference, and a copy of the divorce decree. Form JA-NUL may be obtained by calling the Division’s Survivor Benefits Section Toll Free at 1(877)377-4347, 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 1(800)955-8771. The nullification shall be effective on the first day of the next month following receipt by the Division of the properly completed form and a copy of the divorce decree. Benefits due the member shall be adjusted, if appropriate, and shall be paid as if the former spouse predeceased the member. A member who makes such an election may not reverse the nullification. Such nullification shall not count as a change of joint annuitant unless the member chooses to designate a new joint annuitant in accordance with paragraph (b) and subparagraph (c)2., in which case the member’s monthly benefit will be adjusted as though the member’s nullified joint annuitant is not living.

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

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

(10) Prior to the receipt of his or her first monthly benefit payment, a State and County Officers’ and Employees’ Retirement System member who is eligible for a retirement benefit computed in accordance with Rule 60S-4.004, 60S-4.005 or 60S-4.006, F.A.C., shall select one of the four optional forms of payment of such benefits, as provided in Section 122.08, F.S., on Form FST-11o (Rev 07/06), Teachers’ Teacher’s Retirement System and State and County Officers’ and Employees’ Retirement System Option Selection for Members, herein adopted by reference, which may be obtained from the Forms page of the Division’s website, http://frs.MyFlorida.com, or by calling the Division’s Bureau of Retirement Calculations Toll Free at 1(888)738-2252, 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 1(800)955-8771.

60S-4.011 Designation of Beneficiary.

(4)(a) through (b) No change.

(c) Such beneficiary designation shall be made on the Form BEN-001 (Rev. 06/04), Florida Retirement System Pension Plan Beneficiary Designation Form Active Members Only, herein adopted by reference, which may be obtained from the Forms page of the Division’s website, http://frs.MyFlorida.com, or by calling the Division’s Enrollment Section Toll Free at 1(877)377-3675, 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 1(800)955-8771.

(5)(a)2. No change.

3. Change his or her designation of beneficiary at any time on Form FST-12 (Rev. 12/02), Florida Retirement System Pension Plan Beneficiary Designation Form (Retired Members Only), herein adopted by reference, which may be obtained from the Forms page of the Division’s website, http://frs.MyFlorida.com, or by calling the Division’s Bureau of Retirement Calculations Toll Free at 1(888)738-2252, 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 1(800)955-8771.

60S-4.012 Employment After Retirement.

(2) The following reemployment limitations shall apply to any retiree of a state-administered retirement system who is reemployed by a Florida Retirement System employer in either a regularly established position or a temporary position, during the first 12 calendar months of retirement. For service retirements without DROP participation this 12 calendar month reemployment limitation period shall commence the month of the retiree’s effective date of retirement. For DROP participants such reemployment limitation period shall apply and commence in the calendar month following the participant’s DROP termination date. Any person employed in violation of any of the limitations in this section, and any employing agency which knowingly employs or appoints such person without notifying the Division to suspend retirement benefits shall be jointly and severally liable for reimbursement to the retirement trust fund of any benefits paid during the reemployment limitation period. Such employing agency shall have a written statement from the retiree that he or she is not retired from a state-administered retirement system or may use the State Board of Administration Form CERT (Rev. 06/2011), Florida Retirement System (FRS) – Certification Form, created for such purpose and herein adopted by reference, which may be obtained from the Employer page of the Division’s website, http://frs.MyFlorida.com, or by calling the Division’s Bureau of Retirement Calculations Toll Free at 1(888)738-2252, if calling from outside the Tallahassee calling area or locally at [phone], or if hearing of speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771.

(b)3. No change.

a. Notify the Division in writing of such employment and have his or her benefits suspended effective the first day of the first month of reemployment which may be done utilizing Form FR-23 (Rev. 07/10), Florida Retirement System Pension Plan Notification of Reemployment for Suspension of Retirement Benefits, herein adopted by reference, which may be obtained from the Forms page of the Division’s website, http://frs.MyFlorida.com, or by calling the Division’s Bureau of Retirement Calculations Toll Free at 1(888)738-2252, if calling from outside the Tallahassee calling area or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771. This suspension shall remain in effect for the balance of the reemployment limitation period or for every month of the reemployment limitation period in which he or she is employed, and benefits that would have been paid during the period of suspension are forfeited;

c. Upon expiration of the reemployment limitation period or upon termination of employment prior to expiration of the reemployment limitation period, notify the Division in writing that his or her reemployment limitation period has been completed or that he or she is no longer employed and desires to have his or her benefits reinstated which may be done utilizing Form FR-23a (Rev. 05/05), Florida Retirement System Pension Plan Application to Reactivate Retirement Benefits, herein adopted by reference, which may be obtained from the Forms page of the Division’s website, http://frs.MyFlorida.com, or by calling the Division’s Bureau of Retirement Calculations Toll Free at 1(888)738-2252, if calling from outside the Tallahassee calling area or locally at [phone], or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771. Upon verification by his or her employer, his or her retirement benefits will then be reinstated effective the first day of the month following termination of employment or expiration of the reemployment limitation period;

d. If the officer’s DROP participation began prior to July 1, 2010, the officer’s DROP account shall continue to earn interest beyond the DROP end date as provided in Section 121.091(13) 121.090(13), F.S.

(6)(a) through (d)3.c. No change.

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