Florida Administrative Code

(1) Competent medical evidence of impairment is required for a determination of disability retirement eligibility. Competent medical evidence of a lack of such impairment is required for termination of disability benefits under re-examination. The diagnosis standard is a reasonab…

Rulemaking Authority 121.24(5) FS. Law Implemented 121.23(2), (6) FS. History-New 8-19-87, Formerly 22J-1.0049, Repealed 3-6-12.

(1) The chairperson shall open the hearing by explaining the procedures to be followed. (2) Each party shall have the right to be accompanied, represented, and advised by counsel or other qualified representative, or to be self-represented. (3) Each party shall be allowed to make…

Rulemaking Authority 121.031(1) FS. Law Implemented 120.57, 121.23, 121.24 FS. History-New 8-19-87, Section 22J-1.0051 was formerly subsection (13) of 22J-1.005, Formerly 22J-1.0051, Repealed 11-26-15.

Rulemaking Authority 121.031(1) FS. Law Implemented 120.59, 121.23 FS. History-New 3-30-76, Amended 1-12-78, Formerly 22J-1.06, Amended 8-19-87, 8-12-91, 5-24-92, Formerly 22J-1.006, Repealed 11-26-15.

Rulemaking Authority 121.031(1) FS. Law Implemented 120.57, 121.23 FS. History-New 8-19-87, Formerly 22J-1.0061, Repealed 11-26-15.

Rulemaking Authority 121.031(1) FS. Law Implemented 120.68, 121.23 FS. History-New 3-30-76, Amended 1-12-78, 10-24-79, Formerly 22J-1.07, Amended 8-19-87, 8-12-91, Formerly 22J-1.007, Repealed 11-26-15.

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 History-New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Formerly 22B-1.01, Amended 9-8-92, Formerly 22B-1.001, Repealed 12-22-15.

(1) Membership in the Florida Retirement System shall not give any member the right to be retained in the employ of an employer. (2) The Division shall deny membership to any officer or employee who does not meet the requirements for membership in the Florida Retirement System as…

Rulemaking Authority 121.031 FS. Law Implemented 121.011(3), 121.051, 112.0515, 112.25-.31 FS. History-New 1-1-72, Amended 10-20-72, Repromulgated 12-31-74, Amended 1-16-77, 7-1-79, 1-19-82, Formerly 22B-1.03, Amended 5-15-91, Formerly 22B-1.003, Repealed 1-31-18.

(1) Compulsory Membership - Participation in the Florida Retirement System (FRS) shall be compulsory as a condition of employment for all officers and employees enumerated in the following paragraphs who are filling a regularly established position as described in subsection 60S-…

Rulemaking Authority 121.031 FS. Law Implemented 121.091, 121.122 FS. History-New 11-14-91, Formerly 22B-1.0045, Amended 3-18-93, 5-10-99, 9-17-03, 4-5-12, 3-25-13, Repealed 1-31-18.

(1) Legislative Intent. - The intent and purpose of the Legislature in establishing the Special Risk Class is provided in Section 121.0515(1), F.S. (2) Eligibility - Any member who is employed as a law enforcement officer, a firefighter, a correctional officer, a community based …

Rulemaking Authority 121.031 FS. Law Implemented 121.021(15), 121.0515, 121.052 FS. History-New 10-2-78, Amended 9-9-82, 4-17-85, Formerly 22B-1.051, 22B-1.0051, Amended 3-18-93, 4-5-12, Repealed 1-31-18.

Rulemaking Authority 121.031 FS. Law Implemented 121.021(15), 121.0515 FS. History-New 10-2-78, 4-17-85, Formerly 22B-1.052, 22B-1.0052, Amended 9-17-03, 4-5-12, Repealed 1-31-18.

The criteria set forth below shall be used pursuant to Rule 60S-1.005, F.A.C., in determining membership in the Special Risk Class for members who are filling correctional officer positions, regardless of the title of such a position. (1) Any member who seeks to be approved for S…

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 chapter unless otherwise expressly stated, and when used in this chapter, 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 FRS Pension Plan or the Teachers' Retirement System shall be eligible to participate in the DROP provided the member attains normal retirement date as provided in section 121.021, F.S., for FRS Pension Plan members, or normal retirement date as p…

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 section 121.021, …

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…