Amend two forms to clarify requirements for disability retirement eligibility.

 

DEPARTMENT OF MANAGEMENT SERVICES

Division of Retirement

RULE NO.:RULE TITLE:

60S-4.007Benefits Payable for Disability Retirement

PURPOSE AND EFFECT: Amend two forms to clarify requirements for disability retirement eligibility.

SUMMARY: Forms FR-13b and FR-13f to be amended

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 FS.

LAW IMPLEMENTED: 112.18, 112.181, 121.021, 121.052(5)(c), 121.055, 121.091(4), 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: Garry Green, Chief, Bureau of Research and Education, 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-4.007 Benefits Payable for Disability Retirement.

(1) No change.

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

(a) No change.

(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):

1. through 2. No change.

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, revised 07/19 (Rev. 06/06), http://www.flrules.org/Gateway/reference.asp?No=Ref-10676 http://www.flrules.org/Gateway/reference.asp?No=Ref-00352, Florida Retirement System Physician's Report, herein adopted by reference which may be obtained from the Forms page of the Division’s website, 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].

b. No change.

4. No change.

(c) through (d) No change.

(3) through (9) No change.

(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. If the physician charges the member for completing the physician’s report in 2., the member must pay the physician’s charge and send a copy of the paid receipt to the Division with a request for reimbursement. Reimbursement for the member’s out-of-pocket expense may not exceed $100 unless certified by the physician as medically necessary for disability determination.

1. No change.

2. Form FR-13f, revised 07/19 (Rev. 07/06), http://www.flrules.org/Gateway/reference.asp?No=Ref-10677 http://www.flrules.org/Gateway/reference.asp?No=Ref-00354, “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 [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].

(b) through (i)  No change.

(11) through (17) No change.

Rulemaking Authority 121.031 FS. Law Implemented 112.18, 112.181, 121.021, 121.052(5)(c), 121.055, 121.091(4), 121.23 FS. History–New 1-1-72, Amended 10-20-72, 12-31-74, 11-18-75, 1-16-77, 7-1-79, 8-26-81, 1-19-82, 11-6-84, Formerly 22B-4.07, Amended 2-4-86, 1-12-87, 2-7-89, 11-14-91, Formerly 22B-4.007, Amended 3-18-93, 4-5-95, 12-12-96, 2-24-99, 8-13-03, 4-5-12, 1-19-14,                     .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: David DiSalvo, Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jonathan Satter, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 17, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 2, 2019