60S-1.005: Special Risk Class; Legislative Intent and Procedures
PURPOSE AND EFFECT: The purpose of the proposed rule is to define the term “primary duties and responsibilities” as used to determine eligibility to participate in the Special Risk Class. Under the provisions of Sections 121.031 and 121.0515, Florida Statutes, employees who meet the requirements as established in the administrative rules are allowed to participation in the Special Risk Class
SUBJECT AREA TO BE ADDRESSED: Eligibility to participate in the Retirement System’s Special Risk Class. Specifically, the meaning of the term “primary duties and responsibilities,” as used to describe the job requirements and functions necessary of participation in the Special Risk Class
SPECIFIC AUTHORITY: 121.031 FS., 121.0515 FS
LAW IMPLEMENTED: 121.021(15) FS., 121.0515 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:
TIME AND DATE: Monday, March 20, 2006, 10:00 a.m.-12:00 Noon
PLACE: The Department of Management Services, Room 101 (Lobby), 4050 Esplanade Way, Tallahassee, Florida
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 2 days before the workshop/meeting by contacting: Garry Green, (850)414-6349. 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 DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Garry Green, Administrator, Division of Retirement, Department of Management Services, P.O. Box 9000, Tallahassee, Florida 32315-9000, (850)414-6349
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
60S-1.005 Special Risk Class; Legislative Intent and Procedures.
(1) Legislative Intent. In creating the special risk class of membership within the Florida Retirement System, it is the intent and purpose of the Legislature to recognize that persons employed in certain categories of law enforcement, firefighting, criminal detention, and emergency medical care positions are required as one of the essential functions of their positions to perform work that is physically demanding or arduous, or work that requires extraordinary agility and mental acuity, and that such persons, because of diminishing physical and mental faculties may find that they are not able, without risk to the health and safety of themselves, the public, or their co-workers, to continue performing such duties and thus enjoy the full career and retirement benefits enjoyed by persons employed in other positions, and that, if such persons find it necessary, due to the physical and mental limitations of their age, to retire at an earlier age and usually with less service, they will suffer an economic deprivation therefrom. Therefore, as a means of recognizing the peculiar and special problems of this class of employees, it is the intent and purpose of the Legislature to establish a class of retirement membership that awards more retirement credit per year of service than that awarded to other employees; nothing contained herein shall require ineligibility for special risk membership upon reaching age 55.
(2) Eligibility. Any member who is employed as a law enforcement officer, a firefighter, a correctional officer, or an emergency medical technician or paramedic who meets the criteria as set forth in Rules 60S-1.0051, 60S-1.0052, 60S-1.0053, or 60S-1.00535, F.A.C., shall be eligible for approval for special risk membership as provided in this section. Whenever the term “primary duties and responsibilities” is used in Rule 60S-1.0051, 60S-1.0052, 60S-1.0053, or 60S-1.00535, it means that more than 50% of the member’s required job duties as listed in the official position description in effect at the time of employment.