Amend ERQ-1 form title; clarify language about one time second election; amend language for default membership; clarify language about compulsory membership for eligible members; amend language for SMSOAP election; amend language for renewed ...

 

DEPARTMENT OF MANAGEMENT SERVICES

Division of Retirement

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

PURPOSE AND EFFECT: Amend ERQ-1 form title; clarify language about one time second election; amend language for default membership; clarify language about compulsory membership for eligible members; amend language for SMSOAP election; amend language for renewed membership; clarify enrollment for eligible employees in relation to SB 7022.

SUMMARY: Amend form in rule; enrollment eligibility; SMSOAP election; renewed membership; default membership.

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: 121.011, 121.021, 121.051, 121.0511, 121.0515, 121.052, 121.053, 121.055, 121.081, 121.122, 121.35, 121.355, 121.4501, 1012.875, 121.021(39), 121.051(1), 121.051(2), 121.0511(6), 121.091(13), 121.091(8) 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-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 as provided in Rule 60S-1.005, F.A.C., the Special Risk Administrative Support Class as provided in Rule 60S-1.0054, F.A.C., the Elected Officers’ Class as provided in Rule 60S-1.0055, F.A.C., or the Senior Management Service Class as provided in Rule 60S-1.0057, F.A.C. All such officers or employees initially enrolled into the FRS or initially enrolled as renewed members of the FRS as provided in Sections 121.4501 121.122 and 121.053, F.S., shall be enrolled, by default, into the defined benefit plan of the FRS more commonly referred to as the FRS Investment Pension Plan as provided in Part II of Chapter 121, F.S., and may, by the last business day of the eighth fifth month following his or her month of hire as provided in Sections 121.122 and 121.053 121.4501, F.S., choose to elect enrollment into the defined contribution plan of the FRS more commonly referred to as the FRS Pension Investment Plan as provided in Part II 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 (Rev. 07-12) http://www.flrules.org/Gateway/reference.asp?No=Ref-01922, 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 (Rev. 10-12) http://www.flrules.org/Gateway/reference.asp?No=Ref-01923, a General Retirement Plan Enrollment form for Regular Class, Special Risk Class, and Special Risk Class Administrative Support Class members; Form EOC-1 (Rev. 10-12) http://www.flrules.org/Gateway/reference.asp?No=Ref-01924, a form for Elected Officers’ Class members; Form OCC-1 (Rev. 10-12) http://www.flrules.org/Gateway/reference.asp?No=Ref-01925, a form for members eligible for participation in the State Community College System Optional Retirement Program; Form ORP-16 (Rev. 10-12) http://www.flrules.org/Gateway/reference.asp?No=Ref-01926, a form for members eligible for participation in the State University System Optional Retirement Plan; Form SMS-1 (Rev. 10-12) http://www.flrules.org/Gateway/reference.asp?No=Ref-01927, a form for members eligible for participation in the Senior Management Service Optional Annuity Plan; and Form SMS-3 (Rev. 10-12) http://www.flrules.org/Gateway/reference.asp?No=Ref-01928, 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. The form appropriate to the employee’s membership class is available online at in the enrollment package which is sent to the employee’s address of record after the employee’s first reported payroll or by accessing the Division’s Web site (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, or alternatively the employee may choose to submit a separate document in lieu of the form to file their election with the Plan Choice Administrator which at minimum shall provide the employee’s name, social security number and his or her plan election. Except for renewed members initially enrolled on or after July 1, 2017, aAfter 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 (Rev. 10-12) http://www.flrules.org/Gateway/reference.asp?No=Ref-01929, 2nd Election Retirement Plan Enrollment Form; and Form ELE-2-EZ (Rev. 07-12) http://www.flrules.org/Gateway/reference.asp?No=Ref-01930, 2nd Election Retirement Plan Enrollment Form both of which are herein incorporated by reference. These forms can be obtained online at www.MyFRS.com or at by accessing the Division’s Web site (www.frs.MyFlorida.com); or by calling toll free 1(866) 446-9377, or for the hearing impaired 1(888) 429-2160, or alternatively the employee may choose to submit a separate document in lieu of the form to file their election with the Plan Choice Administrator which at minimum shall provide the employee’s name, social security number and his or her plan election.

(a) through (d) No change.

(e) Officers and employees of a covered group of a municipality, independent special district, metropolitan planning organization, public charter school or public charter technical career center which is approved for participation in the Florida Retirement System. If eligible for FRS membership, sSuch officers and employees shall be compulsory members as follows:

1. through 2. No change.

(f) All officers or employees of a covered group of a municipality or independent special district, who are members of a local retirement system established in accordance with Chapter 175 or 185, F.S., may elect coverage under the Florida Retirement System by a majority of such officers and employees in a referendum held for that purpose. Upon establishing membership in the Florida Retirement System for the covered group, all officers or employees hired thereafter who are eligible for FRS membership shall be compulsory members of the FRS. Existing officers and employees shall be subject to paragraph 60S-1.004(2)(h), F.A.C.

(g) No change.

(h) All blind or partially-sighted persons who are employed or licensed by the Bureau of Blind Services as vending facility operators on or after December 1, 1970 and prior to July 1, 1996. Such persons who were members during that period shall remain compulsory members of the Florida Retirement System for as long as the member is a vending facility operator, unless such member makes an irrevocable election on or before July 31, 1996, to withdraw from the Florida Retirement System or unless retirement contributions are not paid as required in Rule 60S-3.003, F.A.C.

(i) 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, State University System Optional Retirement Program (SUSORP) Retirement Plan Enrollment Form adopted by reference in Rule 19-11.006, F.A.C. subsection (1), or alternatively the employee may choose to submit a separate document in lieu of Form, ORP-16, to file their election with the Plan Choice Administrator which at minimum shall provide the employee’s name, social security number and his or her plan election.

3. No change.

4. Employees enrolled by default in the SUSORP, except for mandatory SUSORP participants or a renewed member initially enrolled on or after July 1, 2017, who do not elect SUSORP participation and/or who do not execute a provider contract within the 90-day period as provided in sub-paragraph 2., shall be reported as by default have membership in the FRS Pension Plan members commencing with the date of employment into the SUSORP-eligible position. FRS membership will be determined by the member’s active election or default membership as provided in 60S-1.004(1).

5. No change.

(d) Employees with active Senior Management Service Optional Annuity Program membership (SMSOAP) filling a position classified as eligible for SMSOAP participation in the Senior Management Service Optional Annuity Program as provided in Section 121.055, F.S., and Chapter 60V, F.A.C., shall within the 90-day period of the commencement of such employment have the option of prospectively participating in the Senior Management Service Optional Annuity Program (SMSOAP) in lieu of participating in the FRS as provided in Sections 121.055 and 121.4501, F.S.

1. An election to participate in the SMSOAP, must be made in writing to the Plan Choice Administrator as defined in subsection 60S-6.001(50), F.S., no later than the 90th day after the date of hire which requires the selection to be made not later than 4:00 p.m. Eastern Time on the 90th day from the employee’s date of hire in accordance with Sections 121.055 and 121.4501, F.S., and Rule 19-11.006, F.A.C.

2. SMSOAP-eligible employees who wish to participate in the SMSOAP, may file their election in writing to the Plan Choice Administrator using the State Board of Administration designed form for ease of use; Form SMS-1, State Senior Management Service Employees Retirement Plan Enrollment Form, adopted by reference in subsection (1), or alternatively the employee may choose to submit a separate document in lieu of Form SMS-1, to file their election with the Plan Choice Administrator which at minimum shall provide the employee’s name, social security number and his or her plan election.

1.3. An election to participate in SMSOAP is irrevocable for as long as an employee remains in the SMSOAP-eligible position except as provided in Section 121.055(6)(c)5., F.S.

(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 2. No change.

3. An elected officer may file their election in writing to the Plan Choice Administrator as defined in subsection 60S-6.001(50), F.A.C., no later than the last business day of the 6th month after assuming elected office in accordance with Sections 121.055 and 121.4501, F.S. and Rule 19-11.006, F.A.C., using the SBA designed form for ease of use; Form EOC-1, Elected Officers’ Class Retirement Plan Enrollment Form, adopted by reference in Rule 19-11.006, F.A.C., subsection (1) or alternatively the employee may choose to submit a separate document in lieu of Form EOC-1, to file their election with the Plan Choice Administrator which at minimum shall provide the employee’s name, social security number and his or her plan election.

(f) Any member of an existing system or any member retired under the disability provisions of the Teachers’ Retirement System who recovers and terminates his or her benefit, and

1. No change.

2. Who has terminated all employment relationships as provided in subsection 60S-6.001(69), F.A.C., remains terminated from all covered employment for at least 12 months and returns to covered reemployment on or after July 1, 1988. Such member shall have the option of transferring to the Florida Retirement System or remaining in the existing system. To remain in the existing system the member shall, within 6 months of reemployment, make written notification to the Division of his or her intention to remain in the existing system. Such written notification may be made using Division of Retirement designed form for ease of use, Form BLE-1 (Rev 08/99), http://www.flrules.org/Gateway/reference.asp?No=Ref-00317, herein adopted by reference and may be obtained by calling the Division Toll Free at [phone], if calling 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], or alternatively the employee may choose to submit a separate document in lieu of Form, BLE-1, to file their written notification with the Division which at minimum shall provide the employee’s name, social security number and his or her plan election. Failure to submit notification shall result in compulsory membership in the Florida Retirement System as provided in paragraph 60S-1.004(1)(d), F.A.C. (See also paragraphs 60S-1.004(1)(g), (3)(b) and (3)(f), F.A.C.)

(g) No change.

(h) Officers or employees of a covered group of a municipality or independent special district who are members of a local retirement system established in accordance with Chapter 175 or 185, F.S. All such officers and employees who are eligible for Florida Retirement System membership and who elect coverage under the Florida Retirement System shall be compulsory members of the Florida Retirement System, provided a majority of such officers and employees elect such coverage in a referendum held for that purpose.

(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 on the Division’s Web site (www.frs.MyFlorida.com); or by calling toll free [phone], or for the hearing impaired [phone], or alternatively the employee may choose to submit a separate document in lieu of Form OCC-2, to file their election with the Plan Choice Administrator which at minimum shall provide the employee’s name, social security number and his or her plan election.

2. On or after July 1, 2003, an employee filling a CCORP eligible position, within 90 days of qualifying employment, shall have the option of electing to participate in the CCORP.

a. through b. No change.

c. To file an election to participate in the CCORP, such election must be made in writing to the Plan Choice Administrator and to the employer, the eligible employee may use the State Board of Administration’s designed form for ease of use; Form OCC-1, “Community College Optional Retirement Program (CCORP) Retirement Plan Choice Form for Eligible Employees,” adopted by reference in Rule 19-11.006, F.A.C., subsection (1), or alternatively the employee may choose to submit a separate document in lieu of Form OCC-1, to file their election with the Plan Choice Administrator which at minimum shall provide the employee’s name, social security number and his or her plan election.

d. No change.

3. An election to participate in the CCORP is irrevocable except that, effective July 1, 2003, an active participant can, at his or her discretion within the terms of his or her State Community College Optional Retirement Program contract, exercise a one-time opportunity to transfer to the FRS Pension Plan or participate prospectively in the FRS Investment Plan by filing such election in writing with the Plan Choice Administrator, the eligible employee may use the State Board of Administration’s designed form for ease of use; Form OCC-2 “Retirement Plan Conversion Form for Community College Optional Retirement Program (CCORP) Members” or alternatively the employee may choose to submit a separate document in lieu of Form OCC-2, to file his or her election with the Plan Choice Administrator which at minimum shall provide the employee’s name, social security number and his or her plan election.

(k) No change.

(3) Membership Not Permitted – Participation in the Florida Retirement System shall not be permitted for:

(a) through (f) No change.

(g) Any person performing services as a consultant or an independent contractor as defined in subsection 60S-6.001(33), F.A.C. The determination of the employment classification of a person as an employee or an independent contractor is solely within the jurisdiction of the Division. To establish whether a person is an independent contractor or an employee, a determination may be requested from the Division, Bureau of Enrollment and Contributions. The determination will be based in substantial part on information furnished on Form ERQ-1, effective , (Rev. 09/08) http://www.flrules.org/Gateway/reference.asp?No=Ref-       http://www.flrules.org/Gateway/reference.asp?No=Ref-00323, Florida Retirement System Pension Plan Employment Relationship Questionnaire for Retirees Within the 2nd– 12th Months, herein adopted by reference, which the employing agency and the person performing the services must each complete and submit to the Division for a determination. Form ERQ-1 is available online at www.MyFRS.com or at www.frs.MyFlorida.com or may be obtained by calling the Division Toll Free at [phone], if calling 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]. Retroactive adjustments of retirement contributions will be required by any agency that improperly excludes or enrolls a person.

(h) Any person appointed on or after July 1, 1989, to a faculty position in a college at the J. Hillis Miller Health Center at the University of Florida or the Medical Center at the University of South Florida which has a faculty practice plan provided by rule adopted by the Board of Governors or its predecessors. Effective July 1, 2008, any person appointed to a faculty position, including clinical faculty, in a college at a state university that has a faculty practice plan authorized by the Board of Governors. Such person must participate in the State University System Optional Retirement Program based on such service as provided in subsection 60U-1.004(4), F.A.C. and in accordance with Section 121.051(1), F.S.

(i) through (j) No change.

(k) All blind or partially-sighted persons who are employed or licensed by the Bureau of Blind Services as vending facility operators on or after July 1, 1996; and any such persons who were members prior to July 1, 1996, who make an irrevocable election on or before July 31, 1996, to withdraw from the Florida Retirement System, and any such persons for whom retirement contributions are not paid as required in Rule 60S-3.003, F.A.C.

(l) through (m) No change.

(n) Any retiree of a state administered retirement system initially reemployed on or after July 1, 2010, is not eligible for renewed membership as provided in Sections 121.122 and 121.053, F.S.

(o) Any retiree of a state administered retirement system who is working for a non-participating FRS employer which joins the FRS on or after July 1, 2010, is ineligible for renewed membership in the Florida Retirement System as provided in Sections 121.122 and 121.053, F.S.

(4) through (5) No change.

(6) A member who terminates employment retains membership rights to previously earned member-noncontributory service credit, and to member-contributory service credit if the member leaves his or her contributions on deposit in his or her retirement account. Such member may reinstate any previously earned member-contributory service credit for which a refund was received after completion of 1 year of reemployment and membership as provided in subsection 60S-2.004(2), F.A.C., and repayment of the refunded employee contributions, as provided in Rule 60S-3.005, F.A.C.

(7) The effective date of membership in each class enumerated in subsection (1) and defined in Rule 60S-6.001, F.A.C., shall be as follows:

(a) through (c) No change.

(d) Elected Officers’ Class members:

1. An elected officer who becomes a compulsory member of the Elected Officers’ Class in accordance with subsection 60S-1.0055(1), F.A.C., shall have membership in such class on the date such officer assumes office; or

2. An elected officer who has withdrawn from the Elected Officers’ Class and later elects to rejoin the Elected Officers’ Class in accordance with subsection 60S-1.0055(2), F.A.C., shall have membership in such class on the first day of the month during which the Division receives the officer’s request to rejoin the Elected Officers’ Class.

(e) No change.

Rulemaking Authority 121.031, 121.4501(8)(a) FS. Law Implemented 121.011, 121.021, 121.021(39), 121.051(1), (2), 121.051(2)(b)6., 121.0511, 121.0511(6), 121.052, 121.053, 121.055, 121.081, 121.091(8), (13), 121.122, 121.35, 121.355, 121.4501, 240.3195, 1012.875 FS. History–New 1-1-72, Amended 10-20-72, 12-31-74, 10-2-78, 7-1-79, 7-1-80, 8-26-81, 1-19-82, 10-11-82, 1-18-83, 11-6-84, 4-17-85, Formerly 22B-1.04, Amended 2-4-86, 1-12-87, 3-11-87, 2-7-89, 9-5-90, 5-15-91, 11-14-91, Formerly 22B-1.004, Amended 3-18-93, 8-4-94, 4-5-95, 3-12-96, 12-12-96, 2-24-99, 9-17-03, 1-1-06, 4-5-12, 3-25-13,                     .

 

60S-1.0057 Senior Management Service Class (SMSC).

(1) through (3) No change.

(4) Renewed Membership in the SMSC – Effective July 1, 1997 and through June 30, 2010, any retiree of a state-administered retirement system employed in a position included in the Senior Management Service Class as provided in this section, shall have renewed membership in the Senior Management Service Class as provided in Rule 60S-1.0045, F.A.C. Any retiree of a state retirement system initially reemployed on or after July 1, 2010, is not eligible for renewed membership as provided in Sections 121.122 and 121.053, F.S.

(5) through (6) renumbered (4) through (5) No change.

(6)(7) Optional Membership – Membership in the Senior Management Service Class shall be optional for certain eligible members according to the following:

(a) No change.

(b) Any member holding a position eligible for membership in the Senior Management Service Class position as provided in paragraphs 60S-1.0057(1)(a), (b), (e), (f), (g) and (h), F.A.C., who is a member of the Special Risk Class or the Special Risk Administrative Support Class of the Florida Retirement System, may elect to remain in such class in lieu of participation in the Senior Management Service Class as follows:

1. No change.

2. Any such employee who fails to elect to remain in such class, or elect to participate in the Senior Management Optional Annuity Program as provided in paragraph 60S-1.0057(7)(c), F.A.C., within such 90-day period, shall be a compulsory member of the Senior Management Service Class as provided in subsection 60S-1.0057(1), F.A.C.

3. No change.

(c) Any member of the Florida Retirement System Pension Plan or an existing system who is eligible for membership in the Senior Management Service Class as provided in paragraphs 60S-1.0057(1)(a), (b), (e), (f), (g), (h), and subparagraph (7)(f)1., F.A.C., may elect to participate in the Senior Management Service Optional Annuity Program (SMSOAP) as provided in Section 121.055, F.S., and Chapter 60V, F.A.C., in lieu of the Senior Management Service Class as follows:

1. Such election shall be made in writing to the Plan Choice Administrator as defined in subsection 60S-6.001(50), F.A.C., within the 90-day period of the commencement of such eligible employment as provided in Rule 19-11.006, F.A.C. Such election may be filed using the State Board of Administration designed form for ease of use; Form SMS-1, State Senior Management Service Employees Retirement Plan Form adopted by reference in subsection 60S-1.004(1), F.A.C., or alternatively the employee may choose to submit a separate document in lieu of Form SMS-1, to file their election with the Plan Choice Administrator which at minimum shall provide the employee’s name, social security number and his or her plan election. Such election requires that a contract with a SMSOAP provider company be executed within that 90-day period. The effective date of such member’s participation in the Senior Management Service Optional Annuity Program shall be the date of employment or the first day of any month in which such election is received by the Plan Choice Administrator within the 90-day period after employment begins in the Senior Management Service Class position.

2. Any such eligible employee who fails to elect to participate in the Senior Management Service Optional Annuity Program, and/or execute a contract with a SMSOAP provider company, or to make the election as provided in paragraph 60S-1.0057(7)(a) or (b), F.A.C., within such 90-day period, shall be a compulsory member of the Senior Management Service Class as provided in subsection 60S-1.0057(1), F.A.C.

(d) through (e) renumbered (c) through (d) No change.

(e)(f)1. Effective July 1, 1997, within 6 months of assuming office or within 6 months of July 1, 1997, the following elected officers eligible for membership in the Elected Officers’ Class as provided in subsection 60S-1.0055(1), F.A.C., and who have not previously retired from a State of Florida administered retirement plan, may elect membership in the Senior Management Service Class in lieu of the Elected Officers’ Class:

a. through b. No change.

2. No change.

(f)(g). No change.

(7)(8) No change.

Rulemaking Authority 121.031, 121.4501(8)(a) FS. Law Implemented 27.701, 121.051, 121.055 FS. History–New 1-12-87, Amended 2-7-89, 9-5-90, 11-14-91, Formerly 22B-1.0057, Amended 1-25-94, 8-4-94, 12-12-96, 2-24-99, 9-17-03, 4-5-12, 3-25-13,                      .

 

60S-1.0075 Transfer, Merger, or Consolidation of Governmental Units, Services, or Functions.

(1) through (2) No change.

(3) When an agency join, transfer, merger, or consolidation results in an employee’s employing unit becoming a FRS participating employer, the following shall apply:

(a) If the employee is not a member of a local retirement system, the employee eligible for FRS membership shall be enrolled as a member of the FRS as of the effective date of the agency join, transfer, merger, or consolidation.

(b) If the employee is a member of a local retirement system, including a system established in accordance with Chapter 175 or 185, F.S., the employee must elect in writing, as of the effective date of the agency join, transfer, merger, or consolidation, whether to remain in said local retirement system or transfer to the FRS.

1. If the employee elects to remain a member of the local system, such membership shall continue, except as provided in sub-subparagraph a., as long as the employee remains employed by the participating employer to which the employing unit was agency joined, transferred, merged, or consolidated.

a. If the member retires from the local system and remains employed or is reemployed with the same employer, the employee eligible for FRS membership shall be enrolled as a member of the FRS, provided credit is no longer accruing toward a benefit under said local system, except that members of a local retirement system, whose employer becomes covered under the FRS due to agency join, transfer, merger or consolidation, and those employees participating in a Deferred Retirement Option Program of the local retirement plan are considered temporary employees under the FRS until the employee’s Deferred Retirement Option Program participation is completed.

b. If an employee covered under this subparagraph who rejected the opportunity to transfer to the FRS upon the agency join, transfer, merger, or consolidation subsequently becomes a member of the FRS, the member may claim rejected past service at total actuarial cost as provided in subsections 60S-2.003(3) and (6) and paragraph 60S-3.004(3)(b), F.A.C.

2. If the employee elects to become a member of the FRS at the time of the agency join, transfer, merger, or consolidation, the member may claim past service as creditable service under the FRS in accordance with subsections 60S-2.003(3) and (6) and paragraph 60S-3.004(3)(a), F.A.C.

(4) – (6) No change.

Rulemaking Authority 121.031 FS. Law Implemented 112.0515, 121.011, 121.081 FS. History–New 5-15-91, Formerly 22B-1.0075, Amended 12-30-14,         .

 

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, 2.017