Notice of Change/Withdrawal

DEPARTMENT OF MANAGEMENT SERVICES
Division of Retirement
RULE NO.: RULE TITLE:
60S-2.003: Credit for Past Service
60S-2.0041: Credit Toward Special Risk Normal Retirement Date
60S-2.005: Credit for Military Service
60S-2.006: Credit for Leaves of Absence Under the Florida Retirement System
60S-2.007: Credit for Out-of-State and In-State Service
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 37 No. 47, November 23, 2011 issue of the Florida Administrative Weekly.

60S-2.003 Credit for Past Service.

(1)(a) through (f) No change.

(g) Past service under this subsection may be claimed as Special Risk Class service valued at 2% per year by current or former Special Risk Class members of the Florida Retirement System. Such additional credit may be purchased at the time the employee becomes a member of the Florida Retirement System or at any time prior to retirement. In addition to conditions (a) through (f), the following conditions must be met:

1. The service must satisfy the criteria established for the Special Risk Class as provided in Rule 60S-1.0051, 60S-1.0052, 60S-1.0053, 60S-1.00535 or 60S-1.00539, F.A.C., of these rules, except that a certificate or waiver of certificate shall not be required. Verification that the service satisfies the criteria shall be provided by the city, independent special district, metropolitan planning organization, charter school, or charter technical school on Form FRS-401 (Rev. 07/99), Florida Retirement System Special Risk Credit for Past Service, herein adopted by reference, and must be approved by the Division. Form FRS-401 may be obtained from the Forms page of the Division’s website, http://frs.MyFlorida.com, or by calling the Division’s Bureau of Enrollment Toll Free at 1(877)377-3675, if calling outside the Tallahassee calling area or locally at (850)488-8837. 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.

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

(1)(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), 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, http://frs.MyFlorida.com, or by calling the Division’s Bureau of Enrollment Toll Free at 1(877)377-3675, if calling outside the Tallahassee calling area or locally at (850)488-8837. 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 (c) No change.

(2)(a) through (c) No change.

(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:

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 (Rev. 11/02), Florida Retirement System Application for Special Risk Administrative Support Class, as incorporated by reference in Rule 60S-1.0054, F.A.C. herein adopted by reference, 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.

60S-2.005 Credit for Military Service.

(2)(a) through (h) No change.

(i) Any member claiming credit in accordance with this subsection shall certify on Form MF-1 (Rev. 07/06), Florida Retirement System Pension Plan Statement of Military Eligibility, herein adopted by reference, that credit for such service has not and will not be claimed for retirement purposes under any federal or state retirement or pension system where “length of service” is a factor in determining the amount of compensation received, except where credit for such service has been granted in a pension system providing retired pay for non-regular (i.e. Reserve and National Guard) service in accordance with paragraph 60S-2.005(2)(h), F.A.C. In the event of the member’s death prior to retirement, the member’s beneficiary shall make the required certification. If such certification is not made by the member or the member’s beneficiary, credit for wartime military service will not be allowed. Form MF-1 may be obtained from the Forms page of the Division’s website, http://frs.MyFlorida.com, or by calling the Division’s Bureau of Enrollment Toll Free at 1(877)377-3675, if calling outside the Tallahassee calling area or locally at (850)488-8837. 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.

60S-2.006 Credit for Leaves of Absence Under the Florida Retirement System.

(1)(a) through (f) No change.

(g) The member shall make application to the Division for leave of absence retirement credit on Form FR-28 (Rev 06/04), Florida Retirement System Pension Plan Application to Purchase Retirement Credit for a Pension Plan Leave of Absence, herein adopted by reference which may be obtained from the Forms page of the Division’s website, http://frs.MyFlorida.com, or by calling the Division’s Bureau of Retirement Calculations Toll Free at 1(888)738-2252, if calling from outside the Tallahassee calling area or locally at (850)488-6491. 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.

60S-2.007 Credit for Out-of-State and In-State Service.

(2)(a) through (d) No change.

3. The member submits Form TR-4 (Rev. 04/99), Florida Retirement System Verification of Out-of-State Teaching Service, herein adopted by reference, completed by the administrator of the retirement system of such other state, county, municipality or taxing district stating that he or she is ineligible for a benefit therein. Such form should, if possible, be obtained by the member prior to submitting his or her application for retirement and should be attached to his or her application. Form TR-4 may be obtained by calling the Division’s Bureau of Retirement Calculations Toll Free at 1(888)738-2252, if calling from outside the Tallahassee calling area or locally at (850)488-6491. 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.

(3)(a) through (d) No change.

(e) A member of the Florida Retirement System Pension Plan who wishes to claim such service shall obtain the following from the out-of-state or in-state employer’s retirement or pension plan on Form FR-30 (Rev. 07/04), Florida Retirement System Pension Plan Verification for In-State or Out-of-State Service Credit, herein adopted by reference which may be obtained from the Forms page of the Division’s website, http://frs.MyFlorida.com, or by calling the Division’s Bureau of Retirement Calculations Toll Free at 1(888)738-2252, if calling from outside the Tallahassee calling area or locally at (850)488-6491, or if hearing of speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771; or on Form FR-30a (Rev. 07/04), Florida Retirement System Pension Plan Out-of-State Employer Request, herein adopted by reference which is sent to the member’s address of record by the Division’s Bureau of Retirement Calculations or may be obtained by contacting the Bureau of Retirement Calculations as provided above, if the information provided by the out-of-state in-state employer’s retirement or pension plan on Form FR-30 is incomplete; or in the case of a deceased member, a beneficiary who wishes to claim such service on the behalf of the member shall obtain the following from the out-of-state or in-state employer’s retirement or pension plan on Form FR-30b (Rev. 07/99), Florida Retirement System Pension Plan Verification for In-State or Out-of-State Service Credit, herein adopted by reference which may be obtained by calling the Division’s Survivor Benefits Section Toll Free at 1(877)377-4347, if calling from outside the Tallahassee calling area or locally at (850)488-5207, or if hearing of speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or 1(800)955-8771:

(f) through (h) No change.

(i) A member claiming military service under these provisions must also complete and submit to the Division, Form MF-2 (Rev. 07/06), Florida Retirement System Pension Plan Statement of Military Eligibility to Purchase Military Service under the Out-of-State Provisions, herein adopted by reference, attesting to the fact that the military service for which he or she requests credit has not and will not be claimed for retirement purposes under any other public pension plan. Form MF-2 may be obtained from the Forms page of the Division’s website, http://frs.MyFlorida.com, or by calling the Division’s Bureau of Retirement Calculations Toll Free at 1(888)738-2252, if calling from outside the Tallahassee calling area or locally at (850)488-6491. 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.