60S-2.0041. Credit Toward Special Risk Class Normal Retirement Date

Credit toward Special Risk Normal retirement date is earned for Special Risk Class service, high hazard service in the State and County Officers and Employees’ Retirement System, and service earned in the Highway Patrol Pension Fund. In addition, a Special Risk Class member or a former Special Risk Class member may receive credit toward such date for the following service:

(1) Service in the State and County Officers and Employees’ Retirement System; service as a correctional counselor with the Department of Corrections between December 1, 1970 and September 30, 1979 including such service for which the member received a refund and which was reclaimed as prior service; or service in the State and County Officers and Employees’ Retirement System (Chapter 122, F.S.), or in the Highway Patrol Pension Fund (Chapter 321, F.S.), for which the member received a refund and which was reclaimed as prior service under the Florida Retirement System. Such service shall have been performed as provided below.

(a) The position filled at that time shall satisfy the criteria as provided in Rule 60S-1.0051, 60S-1.0052 or 60S-1.0053, F.A.C., except the requirement for a certificate or waiver of certificate. The member shall apply for such credit and the agency shall provide verification that the position satisfies the criteria on Form FRS-402 (Rev. 10/01), http://www.flrules.org/Gateway/reference.asp?No=Ref-00339, Florida Retirement System Application for Special Risk Equivalent Credit, herein adopted by reference, and must be approved by the Division. Form FRS-402 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 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) The percentage value of each year shall remain the value determined under the system to which the member belonged when such service was performed; except that service for which a refund was received under Chapters 122 and 321, F.S., and which was reclaimed under the Florida Retirement System, shall have the percentage value of the Florida Retirement System Regular Class.

(c) No additional contributions shall be required for this credit.

(2) Service earned in the Special Risk Administrative Support Class, as provided below:

(a) The required conditions stated in Rule 60S-1.0054, F.A.C., shall be met.

(b) The member must, prior to retirement, satisfy the vesting requirements for the Special Risk Class, which may include creditable service earned as a member of the Highway Patrol Pension System, the High Hazard class of the State and County Officers and Employees’ Retirement System, service claimed under subsection 60S-2.0041(1), F.A.C., and/or past service claimed under paragraph 60S-2.003(1)(g) or (3)(g), F.A.C.

(c) The percentage value of each year earned in the Special Risk Administrative Support Class shall be the value of Regular Class membership in the Florida Retirement System.

(d) Retroactive coverage in the Special Risk Administrative Support Class shall be granted as follows:

1. Any member filling an administrative support position during the period October 1, 1978 through June 30, 1982, shall be covered, provided the member meets the requirements of subsection 60S-1.0054(2), F.A.C., and was:

a. Removed from Special Risk membership effective October 1, 1978, due to a change in Special Risk Class criteria; or

b. Was reassigned or employed for training and/or career development or to fill a critical agency need.

2. The member must apply to the Division of Retirement and complete the member information section of Form FRS-404, Florida Retirement System Application for Special Risk Administrative Support Class, as incorporated by reference in Rule 60S-1.0054, F.A.C., prior to retirement to claim such credit. The employing agency at the time the service was performed shall complete the portion of the form verifying that the member filled a Special Risk Administrative Support Class position and retained his or her certification per Rule 60S-1.0051, 60S-1.0052, or 60S-1.0053, F.A.C., during the retroactive period.

3. Service in the Special Risk Administrative Support Class shall be granted without payment of additional contributions for the period October 1, 1978 through June 30, 1982.

Rulemaking Authority 121.031 FS. Law Implemented 121.021, 121.0515 FS. History–New 1-19-82, Amended 10-12-82, Formerly 22B-2.041, Amended 2-7-89, Formerly 22B-2.0041, Amended 8-13-03, 4-5-12.