Participation, Senior Management Service Class (SMSC), Transfer, Merger, or Consolidation of Governmental Units, Services, or Functions
DEPARTMENT OF MANAGEMENT SERVICES
RULE NOS.:RULE TITLES:
60S-1.004Participation
60S-1.0057Senior Management Service Class (SMSC)
60S-1.0075Transfer, Merger, or Consolidation of Governmental Units, Services, or Functions
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. 44 No. 44, March 5, 2018 issue of the Florida Administrative Register.
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.) and eligible for FRS membership. 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 the Special Risk Administrative Support Class the Elected Officers’ Class, or the Senior Management Service Class. All such officers or employees initially enrolled into the FRS or initially enrolled as renewed members of the FRS as provided in Section 121.4501, F.S., shall be enrolled, by default, into the FRS Investment Plan as provided in Part II of Chapter 121, F.S., and may, by the last business day of the eighth month following his or her month of hire as provided in Sections 121.122 and 121.053, F.S., choose to elect enrollment into the FRS Pension Plan as provided in Part I of Chapter 121, F.S. 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 adopted by reference in Rule 19-11.006, F.A.C., applicable to his or her membership class in the Florida Retirement System. The forms are: Form ELE-1-EZ, 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, a General Retirement Plan Enrollment form for Regular Class, Special Risk Class, and Special Risk Class Administrative Support Class members; Form EOC-1, a form for Elected Officers’ Class members; Form OCC-1, a form for members eligible for participation in the State Community College System Optional Retirement Program; Form ORP-16, a form for members eligible for participation in the State University System Optional Retirement Plan; and Form SMS-3, 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. Form ORP-ENROLL-1, “State University System Optional Retirement Program (SUSORP) Retirement Plan Enrollment,” a form for members eligible for participation in the SUSORP, is incorporated by reference in rule 60U-1.012, F.A.C. The form appropriate to the employee’s membership class is available online at www.MyFRS.com or at www.frs.MyFlorida.com; or by calling toll free 1(866)446-9377, or for the hearing impaired 1(888) 429-2160. Except for renewed members initially enrolled on or after July 1, 2017, 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 adopted by reference in Rule 19-11.007, F.A.C., for ease of use for employees in the several membership classes of the Florida Retirement System. These forms are: Form ELE-2, 2nd Election Retirement Plan Enrollment Form; and Form ELE-2-EZ, 2nd Election EZ Retirement Plan Enrollment Form both of which are herein incorporated by reference. These forms can be obtained online at www.MyFRS.com or at www.frs.MyFlorida.com; or by calling toll free 1(866) 446-9377, or for the hearing impaired 1(888) 429-2160.
(a) through (l) No change.
(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) through (b) No change.
(c)1. No change.
2. Employees enrolled by default into the SUSORP, except for those filling a mandatory SUSORP position or a renewed member initially enrolled on or after July 1, 2017, 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 ORP-ENROLL-1, the “State University System Optional Retirement Program (SUSORP) Retirement Plan Enrollment” fForm adopted by reference in Rule 60U-1.012 19-11.006, F.A.C.
3. through 5. No change.
(d) No change.
(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. through 3. No change.
(f) through (i) No change.
(j) Any employee filling a position classified as eligible for participation in the Florida Retirement System and who elects the State Community College System Optional Retirement Program (CCORP) as provided in Sections 121.051 and 1012.875, F.S.
1.a. No change.
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. 10-12) http://www.flrules.org/Gateway/reference.asp?No=Ref-01931, “Retirement Plan Conversion Form for Community College Optional Retirement Program (CCORP) Members”, herein incorporated by reference in Rule 19-11.007, F.A.C.. This form is available online at www.MyFRS.com or at www.frs.MyFlorida.com; or by calling toll free (866)446-9377, or for the hearing impaired (888) 429-2160.
2. through 3. No change.
(k) No change.
(3) through (7) No change.
