Amend form to allow usage by members of all membership classes in the Investment Plan; remove repealed rule citations; amend language regarding in-line-of-duty benefits in relation to SB 7022.

 

DEPARTMENT OF MANAGEMENT SERVICES

Division of Retirement

RULE NOS.:RULE TITLES:

60S-4.0035Retirement Application and Effective Retirement Date

60S-4.008Benefits Payable Upon Death

PURPOSE AND EFFECT: Amend form to allow usage by members of all membership classes in the Investment Plan; remove repealed rule citations; amend language regarding in-line-of-duty benefits in relation to SB 7022.

SUMMARY: Amend form in rule; remove repealed rule citations from language; amend in-line-of-duty benefits in relation to SB 7022.

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 economic review conducted by the agency.

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, 121.4501(8) FS.

LAW IMPLEMENTED: 121.021(14), 121.055, 121.091(7), 112.65, 121.021, 121.091, 121.4501(16), 121.591(2) 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: Garry Green, Operations and Management Consultant Manager, Department of Management Services, Division of Retirement, 2450 Shumard Oak Blvd., Bldg. 2, Tallahassee FL 32311, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

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.

Applications for retirement benefits may be obtained from the Division’s website, http://www.frs.MyFlorida.com, or 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]. Applications are as follows:

(a) through (b) No change.

(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, effective 07/16, http://www.flrules.org/Gateway/reference.asp?No=Ref-07341, Teachers’ Retirement System Application for Service Retirement, herein incorporated by reference.

(d) No change.

(e) Application for retirement benefits by a beneficiary of a deceased FRS Investment Plan Special Risk class member as provided in Rule 60S-4.008, F.A.C., shall be filed with the Division on Form FST-11B-IP, effective ____effective 07/16, http://www.flrules.org/Gateway/reference.asp?No=Ref-     http://www.flrules.org/Gateway/reference.asp?No=Ref-07345, Florida Retirement System Application of Investment Plan Beneficiary for Special Risk In-Line-of-Duty Benefits, herein incorporated by reference.

(f) No change.

(2) through (3) No change.

(4) The Division shall establish the member’s effective retirement date as follows:

(a) For a FRS Pension Plan member who makes application for a normal or early retirement benefit as provided in Rule 60S-4.004 or 60S-4.005, F.A.C, or for a State and County Officers’ and Employees’ Retirement System member who makes application for a normal or early retirement benefit as provided in Section 122.08, F.S., or for a Teachers’ Retirement System member who makes application for a normal or early retirement benefit as provided in Section 238.07, F.S., the effective retirement date shall be the first day of the month following the month in which the member’s termination occurs, provided the Division receives such member’s application for retirement no later than 30 calendar days after such termination. If a member fails to apply for retirement within 30 calendar days after termination or if the member chooses to defer his or her retirement to a later date, the effective retirement date shall be the first day of the month following the month in which the Division receives the member’s application, or the first day of a later month specified by the member. However, for a member who retires under the provisions of the Deferred Retirement Option Program as provided in Chapter 60S-11, F.A.C., the member’s effective date of retirement shall be the DROP begin date as defined in subsection 60S-11.001(5), F.A.C.

(b) through (c) No change. 

(5) No change.

Rulemaking Authority 121.031, 121.4501(8) FS. Law Implemented 112.65, 121.021, 121.091, 121.4501(16), 121.591(2) FS. History–New 11-14-91, Formerly 22B-4.0035, Amended 8-4-94, 12-12-96, 8-13-03, 4-5-12, 11-6-16,               .

 

60S-4.008 Benefits Payable Upon Death.

(1) through (3) No change.

(4) If an FRS Pension Plan member is killed in the line of duty, except as provided in subsection (5) for certain Special Risk Class members, the following shall apply:

(a) For Pension Plan members except Special Risk Class members killed in the line of duty before July 1, 2013, regardless of the member’s length of service, the surviving spouse may elect a benefit equal to one-half of the member’s monthly salary, excluding overtime and lump sum payments, at time of death for the spouse’s lifetime; or if the member had completed ten or more years of creditable service, or eight or more years of creditable service as a member of the Elected Officers’ Class, or seven or more years of creditable service as a member of the Senior Management Service Class the surviving spouse may elect to receive a benefit as provided in paragraph 60S-4.008(2)(b), F.A.C.

(b) If the surviving spouse is receiving a benefit as provided in paragraph 60S-4.008(4)(a), F.A.C., and dies, the benefits which would have been payable to the surviving spouse shall be paid for the use and benefit of such member’s children under 18 years of age and unmarried until the eighteenth birthday of the member’s youngest child.

(c) If the member had any children under 18 years of age at the time of his or her death, the surviving spouse shall not be permitted to receive a refund of the member’s contributions in lieu of the benefits provided in paragraph 60S-4.008(4)(a), F.A.C.

(d) If the member leaves no surviving spouse but is survived by a child or children under 18 years of age, the benefit that would have been payable to a surviving spouse as provided in paragraph 60S-4.008(4)(a), F.A.C., shall be paid for the use and benefit of such member’s children under 18 years of age and unmarried until the eighteenth birthday of the member’s youngest child.

(e) The distribution of benefits as provided by this subsection shall supersede any other distribution that may have been provided for by the member’s designation of beneficiaries.

(f) A member’s surviving spouse whose benefit was terminated because of remarriage shall have the benefit reinstated beginning July 1, 1993, at an amount which would have been payable had the benefit not been terminated.

(5) If an FRS Pension Plan or Investment Plan Special Risk Class member is killed in the line of duty on or after July 1, 2013, the following shall apply to benefit payments beginning on or after July 1, 2016:

(a) Regardless of the member’s length of service, the surviving spouse may elect a benefit equal to 100 percent  of the member’s monthly salary, excluding overtime and lump sum payments, at time of death for the spouse’s lifetime.

(b) If the member had any children under 18 years of age at the time of his or her death, the surviving spouse shall not be permitted to receive a refund of the member’s contributions in lieu of the benefits provided in paragraph 60S-4.008(4)(a), F.A.C.

(c) If the surviving spouse is receiving a benefit as provided in paragraph 60S-4.008(5)(a), F.A.C., and dies, the benefits which would have been payable to the surviving spouse shall be paid for the use and benefit of such member’s child or children until the member’s youngest child reaches 18 years of age.

(d) If the member leaves no surviving spouse but is survived by a child or children under 18  years of age, the benefits shall be paid for the use and benefit of such member’s child or children until the member’s youngest child reaches 18 years of age.

(e) If the surviving child or children remains unmarried and a full time student, benefit may be paid after age 18 and until the youngest child reaches 25 year of age.

(f) The distribution of benefits as provided by this subsection shall supersede any other distribution that may have been provided for by the member’s designated beneficiaries.

(6) through (8) renumbered (4) through (6) No change.

(9) Death shall be presumed to be in the line of duty for the following FRS members that satisfy the requirements of Section 112.18 or 112.181, F.S., unless the contrary is shown by competent evidence:

(a) A firefighter whose death that occurred on or after July 1, 1973, was caused by tuberculosis, heart disease, or hypertension,

(b) A state law enforcement officer whose death that occurred on or after June 18, 1999, was caused by tuberculosis, heart disease, or hypertension,

(c) A law enforcement officer whose death that occurred on or after July 1, 2002, was caused by tuberculosis, heart disease, or hypertension,

(d) A firefighter, paramedic, emergency medical technician, law enforcement officer or correctional officer whose death that occurred on or after May 23, 1996, was caused by hepatitis, meningococcal meningitis, or tuberculosis.

(7)(10) No change.

Rulemaking Authority 121.031 FS. Law Implemented 61.1301, 112.18, 112.181, 121.021(14), 121.052(5), 121.055, 121.091(7) FS. History–New 1-1-72, Amended 10-20-72, 12-31-74, 7-21-75, 8-26-81, Formerly 22B-4.08, Amended 2-6-84, 1-12-87, 2-7-89, 9-5-90, 5-15-91, 11-14-91, Formerly 22B-4.008, Amended 3-18-93, 1-25-94, 8-4-94, 12-12-96, 5-10-99, 8-13-03, 4-5-12, 1-20-14, 5-12-16, 12-18-16,             .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Elizabeth Stevens, Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Erin Rock, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 21, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 26, 2017