Florida Administrative Code

Rulemaking Authority 121.031 FS. Law Implemented 121.021(15), 121.0515, FS. History-New 9-17-03, Amended 4-5-12, Repealed 1-31-18.

Rulemaking Authority 121.031 FS. Law Implemented 121.021(15), 121.0515 FS. History-New 4-2-12, Repealed 1-31-18.

Rulemaking Authority 121.031 FS. Law Implemented 121.021(15), 121.0515 FS. History-New 4-2-12, Repealed 1-31-18.

(1) Intent - In creating the Special Risk Administrative Support Class within the Florida Retirement System, the Legislature recognizes that when Special Risk Class members are employed or reassigned for training, career development or to fill a critical agency need they often fa…

Rulemaking Authority 121.031, 121.052(14) FS. Law Implemented 121.052, 121.053 FS. History-New 11-6-84, Amended 4-17-85, Formerly 22B-1.055, Amended 3-11-87, 11-14-91, Formerly 22B-1.0055, Amended 3-18-93, 2-24-99, 9-17-03, 4-5-12, 3-25-13, Repealed 1-31-18.

(1) Compulsory Membership - Membership in the Senior Management Service Class shall be compulsory, except as provided in subsection 60S-1.0057(7), F.A.C., for any member of the Florida Retirement System or an existing system who holds any of the following positions: Position Effe…

(1) Social Security Coverage Required - Any municipality or independent special district or unit thereof, or metropolitan planning organization, public charter school or public charter technical career center desiring to participate in the Florida Retirement System must be approv…

(1) The agency join, transfer, merger, or consolidation of governmental units, services, or functions, either at the state or local level or between levels of government, shall not result in the impairment or reduction in retirement benefits of any employee. (2) Any Florida Retir…

Rulemaking Authority 121.031 FS. Law Implemented 121.031, 121.052 FS. History-New 12-31-74, Amended 7-1-79, 1-18-83, 2-6-84, Formerly 22B-1.08, Amended 5-15-91, 11-14-91, Formerly 22B-1.008, Repealed 1-31-18.

The definitions in rule 60S-6.001, F.A.C., apply to this section unless otherwise expressly stated, and when used in this section, the following words and terms have the meaning indicated: (1) deferred retirement option program (DROP) - means a program, hereinafter referred to as…

(1) Eligibility - A member of the Florida Retirement System Pension Plan, the Teachers' Retirement System, or the State and County Officers' and Employees' Retirement System shall be eligible to participate in the DROP provided: (a) The member attains normal retirement date as pr…

Rulemaking Authority 121.031 FS. Law Implemented 121.091(13) FS. History-New 9-16-03, Repealed 3-2-17.

(1) Calculation of Benefits. (a) The retirement benefit of a member who has elected to participate in the DROP shall be calculated as provided in rule 60S-4.004, F.A.C. (b) A member may choose to receive his or her accumulated annual leave payment, as defined in rule 60S-6.001, F…

Rulemaking Authority 121.031 FS. Law Implemented 121.031 FS. History-New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Formerly 22B-2.01, Amended 9-8-92, Formerly 22B-2.001, Repealed 12-22-15.

(1) The Administrator may require the submission of any evidence necessary to establish a member's claim of creditable service. (2) A member shall not receive more than one year of creditable service for any 12-month period of employment. (3) The method provided in subsection (4)…

Past service credit in the Florida Retirement System is available to the member for service rendered in seven different sets of circumstances, with the particular set of circumstances under which the service is rendered determining the cost for claiming past service credit. The c…

(1) Prior service credit may be claimed by any member of the Florida Retirement System who complies with the provisions of this section and whose prior service conforms to any of the following circumstances: (a) Refunded Service Under an Existing System - 1. The service must have…

Credit toward Special Risk Normal retirement date is earned for Special Risk Class service, high hazard service in the State and County Officers and Employees' Retirement System, and service earned in the Highway Patrol Pension Fund. In addition, a Special Risk Class member or a …

Rulemaking Authority 121.031, 121.052 FS. Law Implemented 121.052 FS. History-New 11-14-91, Formerly 22B-2.0042, Repealed 1-31-18.

(1) Military Leave of Absence - A member may receive up to 5 years of retirement credit, or more if required for the convenience of the Federal Government as provided in the Uniformed Services Employment and Reemployment Rights Act, for active military service in the Armed Forces…

(1) A member may receive retirement credit for a total of two work years of creditable service for authorized leaves of absence under the Florida Retirement System, subject to the following: (a) A leave of absence must be authorized in writing by a member's employer prior to or d…

(1) Any member who is a seasonal state employee who works for and draws compensation from the State for a period of more than 6 calendar months during any fiscal year and who works for another state in the same or similar capacity during the same fiscal year, may receive retireme…

Rulemaking Authority 121.031 FS. Law Implemented 121.051(1), 121.053, 121.091(9), 121.122 FS. History-New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Amended 7-1-79, Formerly 22B-2.08, Amended 11-14-91, Formerly 22B-2.008, Amended 3-18-93, 4-5-95, 2-24-99, Repealed 1-31-18.

A member who has earned creditable service under state-administered retirement system and has terminated his or her employment without retiring, leaving his or her contributions on deposit, shall upon his or her return to employment under the Florida Retirement System, receive cr…

(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 u…

Rulemaking Authority 121.031 FS. Law Implemented 121.021(21) FS. History-New 1-1-72, Formerly 22B-2.11, 22B-2.011, Repealed 1-31-18.

A member who has been eligible or becomes eligible to receive temporary total or temporary partial Workers' Compensation payments for an injury or illness occurring during his employment as a member of any state-administered retirement system shall receive retirement credit for s…

(1) A current or former member of the Elected Officers' Class, or former elected officer as provided in paragraph (b) may upgrade to the Elected Officers' Class creditable service earned as an elected officer within the purview of that class as provided in subsection 60S-1.0055(1…

Rulemaking Authority 238.175(2) FS. Law Implemented 238.175 FS. History-New 10-20-72, Repromulgated 12-31-74, Amended 1-16-77, Formerly 22B-2.14, 22B-2.014, Repealed 1-31-18.

(1) All creditable service earned and claimed under the State and County Officers and Employees Retirement System, the Judicial Retirement System, the Teachers' Retirement System, and the Highway Patrol Pension System, by a former member of one of those systems who becomes a memb…

(1) A member who has been or is suspended without compensation and is later reinstated and who is not retired, may receive retirement credit for the period of suspension without compensation provided: (a) The creditable service claimed for the period of suspension does not exceed…

Rulemaking Authority 121.031, 121.052(14) FS. Law Implemented 121.052 FS. History-New 4-17-85, Formerly 22B-2.17, Amended 9-5-90, Formerly 22B-2.017, Amended 8-4-94, 4-5-95, Repealed 11-3-19.

A member who retires under the disability provisions of Rule 60S-4.007, F.A.C. or Chapter 238, F.S., recovers from his or her disability, has his or her disability retirement benefits terminated and reenters covered employment, may claim as creditable service the months during wh…

Retirement credit for service that was performed after December 1, 1970 under the Florida Retirement System and, due to error, was never reported to the Division as required in Rule 60S-3.011, F.A.C., may be claimed by a member of the Florida Retirement System provided: (1) The u…

Rulemaking Authority 121.031 FS. Law Implemented 121.031 FS. History-New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Formerly 22B-3.01, Amended 9-8-92, Formerly 22B-3.001, Repealed 12-22-15.

(1) The Administrator shall establish procedures to be followed by all employers and employees in making and reporting contributions provided for in this chapter. (2) All employee retirement contributions for service credit on which benefits are to be calculated must be paid prio…

Rulemaking Authority 112.363(7), 121.031 FS. Law Implemented 112.363, 121.052, 121.055, 121.071, 121.091, 121.122, 121.30, 121.70, 121.71, 121.72 FS. History-New 1-1-72, Amended 10-20-72, 12-31-74, 7-1-79, 8-26-81, 10-12-82, 11-6-84, 9-24-85, Formerly 22B-3.03, Amended 1-12-87, 5…

Rulemaking Authority 121.031 FS. Law Implemented 121.071, 121.081 FS. History-New 2-4-86, Amended 11-14-91, Formerly 22B-3.0035, Amended 8-13-03, Repealed 1-10-17.

Rulemaking Authority 121.031 FS. Law Implemented 121.081(1) FS. History-New 1-1-72, Amended 10-20-72, 12-31-74, 1-16-77, 1-19-82, 11-6-84, 4-17-85, Formerly 22B-3.04, Amended 2-7-89, 5-15-91, Formerly 22B-3.004, Amended 4-5-12, 3-25-13, Repealed 3-2-17.

Rulemaking Authority 121.031 FS. Law Implemented 121.052, 121.052(3)(b), 121.081(1)(j), (2) FS. History-New 1-1-72, Amended 12-31-74, 7-1-79, 1-19-82, Formerly 22B-3.05, Amended 2-7-89, 11-14-91, Formerly 22B-3.005, Repealed 3-2-17.

Rulemaking Authority 121.031 FS. Law Implemented 121.021, 121.111 FS. History-New 1-1-72, Amended 12-31-74, 8-26-81, 2-6-84, 4-17-85, Formerly 22B-3.06, Amended 2-4-86, 2-7-89, 11-14-91, Formerly 22B-3.006, Amended 3-18-93, 8-13-03, 4-5-12, 1-20-14, Repealed 3-2-17.

The required contributions for any member who is eligible to claim creditable service for leaves of absence in accordance with Rule 60S-2.006, F.A.C., shall be determined as follows: (1) Retirement contributions for leaves of absence credit are 8 percent for leaves of absence pri…

(1) The required contributions for a member to claim out-of-state service credit as a seasonal state employee in accordance with subsection 60S-2.007(1), F.A.C., shall be the total contributions required under Rule 60S-3.003, F.A.C., for each month of service claimed, multiplied …

(1) For service performed by a retired person holding an elective public office and claimed as provided in subsection 60S-2.008(1), F.A.C., the applicable retirement contributions shall be made by the member and the employer for the member's class of membership during the entire …

Rulemaking Authority 121.031 FS. Law Implemented 121.071 FS. History-New 1-1-72, Repromulgated 12-31-74, Amended 10-12-82, 9-24-85, Formerly 22B-3.10, Amended 5-15-91, Formerly 22B-3.010, Amended 3-18-93, 4-5-12, Repealed 3-2-17.

(1) All retirement contributions for current services rendered by covered employees of all state-administered retirement plans shall be paid to the Division of Retirement. The required contribution rate shall be the rate in effect at the time the member is paid, as determined by …

The required contributions for creditable service claimed in accordance with Rule 60S-2.010, F.A.C., by a surviving spouse or other dependent upon the death of a member shall be determined as follows: (1) If the surviving spouse or other dependent claims retirement credit in acco…

(1) The required contributions for a current or former elected officer to claim retirement credit in the Elected Officers' Class for service purchased on or after July 1, 1974, and specified in subsection 60S-2.013(1), F.A.C., shall be equal to the difference between the total em…

(1) The required contributions for claiming creditable service in accordance with subsection 60S-2.016(1), F.A.C., for a period during which the member is suspended without compensation shall be equal to the total contribution rate required of both the member and the member's emp…

Rulemaking Authority 121.031 FS. Law Implemented 121.0515 FS. History-New 11-6-84, Formerly 22B-3.15, 22B-3.015, Amended 4-5-12, Repealed 1-31-18.