60S-2.010. Creditable Service upon the Death of a Member

(1) In the event of the death of a member, the Administrator shall credit the member’s account with all service for which the member has made the required contributions in accordance with Chapter 60S-3, F.A.C., prior to his or her death, and all such creditable service shall be used as the basis for determining benefits.

(2) The surviving spouse or other dependent of any member whose employment was or is terminated by death may claim as creditable service for use in the calculation of any benefits which may be payable, any service performed by the member which could have been claimed by the member at the time of his or her death, provided that:

(a) The member was an officer or employee subject to the Florida Retirement System at the time of his or her death;

(b) The surviving spouse or other dependent has not received a monthly benefit based on the member’s participation in the Florida Retirement System;

(c) The member was eligible to claim such service at the time of his or her death; and

(d) The required contributions are made in accordance with subsection 60S-3.012(1), F.A.C.

(3) The surviving spouse of a member who dies after becoming vested, and who elects to receive a refund of the member’s accumulated contributions in lieu of a monthly benefit, may at any time in the future repay the amount of such refunded contributions as provided in paragraphs 60S-3.005(1)(a) and (b), F.A.C., and be eligible to receive a monthly benefit in accordance with Rule 60S-4.008, F.A.C.

(4) The surviving spouse of an elected officer who dies in office before he or she is vested, but who would have become vested if the officer had lived to complete his or her term of office, may leave his or her contributions in the retirement system, or repay, according to paragraph 60S-3.005(1)(a) or (b), F.A.C., any refund of the member’s contributions the spouse may have elected to receive as provided in subsection 60S-4.008(1), F.A.C., and purchase additional creditable service based on the officer’s incomplete term of office. Such service shall be equal to the number of years required for vesting, or a greater amount not to exceed the incomplete term of office. Such service shall not be purchased until on or after the date the deceased member would have completed the service being claimed. The surviving spouse may purchase such additional creditable service by making the contributions required by subsection 60S-3.012(2), F.A.C., and shall thereupon be eligible to receive such monthly benefit that is payable to the surviving spouse of a member who dies after becoming vested as provided in Rule 60S-4.008, F.A.C.

(5) Notwithstanding any other provisions in this chapter to the contrary, the surviving spouse, or other eligible joint annuitant, of a member whose employment is terminated by death within one year of such member satisfying the service requirements for vesting, shall be permitted to purchase only the additional service credit necessary to provide for vesting and retirement eligibility of the deceased member, as follows:

(a) Such purchase shall be by one or a combination of both of the following methods:

1. Such spouse or joint annuitant may use the deceased member’s accumulated hours of annual, sick, and compensatory leave to purchase additional creditable service in accordance with paragraph 60S-3.012(3)(a), F.A.C., on an hour for hour basis, provided such deceased member’s accumulated leave is sufficient to cover the additional months required. For each month of service credit needed prior to the final month, credit for the total number of work hours in that month must be purchased, using an equal number of the deceased member’s accumulated leave hours. Service credit required for the final month in which the deceased member would have become vested shall be awarded upon the purchase of one hour of credit. Accumulated annual leave hours cannot be used to both increase the average final compensation and purchase additional creditable service; or

2. Such spouse or joint annuitant may purchase additional months of creditable service, up to a maximum of one year, for any periods of out-of-state or in-state service as provided in paragraph 60S-3.012(3)(b), F.A.C., that the deceased member would have been eligible to purchase after becoming vested, prior to his or her death.

(b) Service purchased under this subsection shall be added to the creditable service of the deceased member and shall be used in the calculation of any benefits which may be payable to the surviving spouse or eligible joint annuitant.

(c) Benefits shall begin to accrue on the effective date of retirement, which shall be the later of:

1. July 1, 1998; or

2. The first of the month following the month the Division is contacted about the purchase; or

3. The first of the month following the month the member would have become vested; or

4. The first of a later month specified by the spouse or joint annuitant for a deferred benefit.

Rulemaking Authority 121.031 FS. Law Implemented 121.021, 121.052(12)(c), 121.091(7) FS. History–New 1-1-72, Amended 10-20-72, 11-18-72, Repromulgated 12-31-74, Formerly 22B-2.10, Amended 3-11-87, Formerly 22B-2.010, Amended 2-24-99, 8-13-03.