To amend the rules of the Division of Retirement to include the maximum reimbursement amount to the member for the cost of completion of a physician’s report.

 

DEPARTMENT OF MANAGEMENT SERVICES

Division of Retirement

RULE NO.:RULE TITLE:

60S-4.007Benefits Payable for Disability Retirement

PURPOSE AND EFFECT: To amend the rules of the Division of Retirement to include the maximum reimbursement amount to the member for the cost of completion of a physician’s report.

SUMMARY: Periodic reexaminations of FRS members who have been granted either regular or in-line-of-duty disability.

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: 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.

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 HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: Wednesday, November 6, 2013, 10:00 a.m., ET

PLACE: Division of Retirement of the Department of Management Services, Director’s Conference Room, Suite 208, 1317 Winewood Blvd., Bldg. 8, Tallahassee, Florida 32399-1560

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Beth Rissinger, Senior Benefits Analyst, Division of Retirement, Department of Management Services at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Garry Green, Operations and Management Consultant Manager, Department of Management Services, Division of Retirement, 1317 Winewood Blvd., Bldg. 8, Tallahassee, FL 32399-1560, [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

60S-4.007 Benefits Payable for Disability Retirement.

(1) 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 that cost and send a copy of the paid receipt to the Division with a request for reimbursement. Reimbursement to the member for that cost may not exceed $100 unless certified by the physician as medically necessary for disability determination.

1. Form FR-13e (Rev. 07/06), http://www.flrules.org/Gateway/reference.asp?No=Ref-00353, “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[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

2. Form FR-13f (Rev. 07/06), 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 1[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 1(800)955-8771.

(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._______

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Dan Drake, Director

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Craig J Nichols, Agency Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 6, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 15, 2013