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 are allowed to participation in the Special Risk Class.
SUMMARY: The rule addresses eligibility to participate in the Retirement System’s Special Risk Class. The proposed rule amendment addresses the meaning of the term “primary duties and responsibilities,” as used to describe the job requirements and functions necessary for participation in the Special Risk Class.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 121.031, 121.0515 FS.
LAW IMPLEMENTED: 121.021(15), 121.0515 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
TIME AND DATE: Monday, June 5, 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, Department of Management Services at (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 IS: Garry Green, Administrator, Division of Retirement, Department of Management Services, P.O. Box 9000, Tallahassee, Florida 32315-9000, at (850) 488-5706.
THE FULL TEXT OF THE PROPOSED RULE IS:
(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.
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 Rule 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 rules 60S-1.0051, 60S-1.0052, 60S-1.0053, or 60S-1.00535 it means those duties of a position that:
(a). Are essential and prevalent for the position and are the basic reasons for the existence of the position;
(b). Occupy a substantial portion of the member’s working time; and
(c). Are assigned on a regular and recurring basis.
Duties and responsibilities that are of an emergency, incidental, or temporary nature are not "primary duties and responsibilities."
Specific Authority 121.031, 121.0515 FS. Law Implemented 121.021(15), 121.0515, 121.23 FS. History–New 1-1-72, Amended 10-20-72, 12-31-74, 8-9-76, 1-16-77, 10-2-78, 1-19-82, 9-9-82, 11-6-84, 4-17-85, Formerly 22B-1.05, Amended 2-7-89, 11-14-91, Formerly 22B-1.005, Amended 1-25-94, 9-17-03. Amended