60L-32.005: Benefits
PURPOSE AND EFFECT: Removes reference to the Adoption Benefits Program from the administrative rule in accordance with Chapter 2007-119, Laws of Florida. Sections 110.152 and 110.15201, F.S., were repealed and the adoption benefits program for state employees was transferred to the Department of Children and Families effective July 1, 2007.
SUBJECT AREA TO BE ADDRESSED: Removes reference to the adoption benefits program for state employees from the Department of Management Services administrative rules.
SPECIFIC AUTHORITY: 110.1055, 110.1052 FS.
LAW IMPLEMENTED: 110.152 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Anna B. Gray, Workforce Development and Benefits Manager, Division of Human Resource Management, 4050 Esplanade Way, Tallahassee, FL 32399
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS:
60L-32.005 Benefits.
(1) through (2) No change.
(3) Adoption benefits are available to employees of the state as outlined below:
(a) Payment of benefits is contingent on funding.
(b) Benefits are available only for adoptions that become final after September 30, 2000.
(c) Benefits are available only for a child who is under the age of eighteen upon final order of adoption, unless the child is a special needs child as defined in Section 110.152(1)(b), Florida Statutes.
(d) An employee who adopts more than one child is eligible for benefits for each child.
(e) The benefit is a non-qualified plan under Section 125 of the Internal Revenue Code, subject to withholding taxes.
(f) If funds are appropriated for payment of new adoptions, the Department shall administer the funds appropriated for this benefit. The Department shall hold an annual open enrollment period for submission of applications between the first business day of April and the last business day of May. To apply for this benefit, the applicant shall fully complete and submit the Department’s Application for Adoption Benefits Form (Form DMS/HRM/ADOPT, eff. 1/1/02), which is hereby incorporated by reference.
1. To complete Part II of the application, the applicant shall apply to his or her agency head, who, upon completion, shall return the original application to the applicant. The applicant is responsible for obtaining all certifications and supporting documentation necessary to complete the application. The applicant shall submit the original application and required documentation to the Department before the close of the annual open enrollment period. The Department shall return any application received outside the open enrollment period.
2. For multiple adoptions, the applicant shall submit a separate application for each child. If the final order of adoption lists all children, the applicant may submit one certified copy of the final order.
(g) The Department shall review all timely applications and determine who is eligible to receive the benefit. If funding is insufficient to pay the benefit to all eligible applicants, those with earlier final orders of adoption shall have priority. If final orders of adoption bear the same date, earlier received applications shall have priority. Eligible applicants who do not receive a benefit due to lack of funds shall submit a new application during the next annual open enrollment period, if they desire consideration for payment of the benefit from later appropriations.
Specific Authority 110.1055, 110.15201, 110.201(1), 110.2035(1), 110.403(1)(c), 110.605(1) FS. Law Implemented 110.152, 110.201, 110.209, 110.403, 110.603 FS. History–New 1-1-02, Amended 4-3-03,_________.