Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60S - Division of Retirement › Chapter 60S-4 - BENEFITS › Section 60S-4.010 - Retirement Benefit Payment Options

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Prior to the receipt of his or her first monthly benefit payment, an FRS
				Pension Plan member who is eligible for a retirement benefit computed in
				accordance with Rule  60S-4.004,
				 60S-4.005, or
				 60S-4.006, F.A.C., shall select
				one of the four optional forms of payment of such benefits, as provided in
				paragraphs (a), (b), (c), or (d) below, on Form FRS-11o (Rev 12/15),
http://www.flrules.org/Gateway/reference.asp?No=Ref-06122
,
				Florida Retirement System Pension Plan Option Selection for FRS Members, "
				herein adopted by reference, which also requires such member to attest to his
				or her marital status on Form SA-1 (Rev. 01/10),
http://www.flrules.org/Gateway/reference.asp?No=Ref-00368
,
				Florida Retirement System Spousal Acknowledgment Form, herein adopted by
				reference. Both these forms may be obtained from the Forms page of the
				Division's website,
www.frs.MyFlorida.com
, or by calling the
				Division Toll Free at (844)377-1888, if calling from outside the Tallahassee
				calling area or locally at (850)907-6500. Individuals with a hearing or speech
				impairment may call the Division via T.D.D. at the Florida Relay System by
				dialing 711 or (800)955-8771. A married member who selects option 1 under
				paragraph (a) or option 2 under paragraph (b) shall notify his or her spouse of
				such option selection, and the spouse shall acknowledge any such option
				selection in accordance with subsection
				 60S-4.010(9),
				F.A.C. The four options are as follows:
(a)
				Option 1. The maximum retirement benefit payable to the member during his or
				her lifetime.
(b) Option 2. A
				retirement benefit payable during his or her lifetime and, in the event of his
				or her death within a period of 10 years after his or her retirement, the same
				monthly amount to be payable to his or her beneficiary for the balance of such
				10-year period.
(c) Option 3. A
				retirement benefit which shall be payable during the joint lifetime of both the
				member and his or her joint annuitant and which shall continue after the death
				of either during the lifetime of the survivor in the same amount, except as
				provided in paragraph
				 60S-4.010(1)(e),
				F.A.C.
(d) Option 4. A retirement
				benefit payable during the joint lifetime of the member and his or her joint
				annuitant, and which shall continue after the death of either during the
				lifetime of the survivor in an amount equal to 66 2/3 percent of the amount
				which was payable during the joint lifetime of the member and his or her joint
				annuitant, except as provided in paragraph
				 60S-4.010(1)(e),
				F.A.C.
(e) A joint annuitant, as
				defined in paragraph  60S-6.001(36)(b),
				F.A.C., who is under age 25 or disabled will receive, upon the member's death,
				the amount of the option 1 benefit determined under paragraph
				 60S-4.010(1)(a),
				F.A.C., only until such joint annuitant reaches age 25 unless he or she is
				disabled, in which case, the option 1 benefit amount will continue for the
				duration of the disability. The following shall apply to the payment of
				benefits under this paragraph:
1. A person
				designated as a joint annuitant who is over age 25 shall qualify as a disabled
				joint annuitant provided:
a. The person is
				totally and permanently disabled from performing gainful employment by reason
				of a medically determinable physical or mental impairment, and
b. The Division receives two Physician's
				Reports, Form SB-13b (Rev. 03/01),
http://www.flrules.org/Gateway/reference.asp?No=Ref-00371
,
				Florida Retirement System Pension Plan Physician's Report, herein adopted by
				reference, completed by two Florida licensed physicians attesting to the total
				and permanent disability of the person, and any other evidence of disability
				requested by the Administrator which may include reports from vocational
				rehabilitation, evaluation, or testing specialists who have evaluated the
				applicant for employment. Form SB-13b may be obtained by calling the Division
				Toll Free at (844)377-1888, if calling from outside the Tallahassee calling
				area or locally at (850)907-6500. Individuals with a hearing or speech
				impairment may call the Division via T.D.D. at the Florida Relay System by
				dialing 711 or (800)955-8771.
2. Should the Administrator determine that
				such person has failed to demonstrate total and permanent disability, as
				provided in subparagraph 1. the following procedure shall be followed:
a. The person shall be notified by certified
				mail with return receipt requested. The notice shall include a summary of the
				factual, legal and policy grounds for the Administrator's intended
				decision.
b. When a person receives
				notice that the Administrator intends to deny his or her application, he or she
				shall have 21 calendar days to present written evidence to the Administrator in
				opposition to the intended action or written objections challenging the grounds
				upon which the Administrator has based his or her intended decision.
c. If the Administrator overrules the
				objections of the person, he or she shall provide a written explanation to the
				person by certified mail with return receipt requested, giving the reasons for
				his or her decision and advising the person of his or her right of appeal under
				the law.
d. If the person does not
				accept the Administrator's final decision on the merits, the person may request
				in writing an administrative hearing on his or her disability claim by filing
				within 21 calendar days from the date the annuitant receives notice of the
				Administrator's final decision, a petition in accordance with Rule
				 28-106.201,
				F.A.C.
3. The Division of
				Retirement may conduct periodic reexaminations of joint annuitants who have
				been granted disability under this paragraph to determine whether or not such
				joint annuitants continue to meet the disability criteria applicable in their
				case. The following procedures shall govern such disability reexamination
				cases:
a. The Division will mail the joint
				annuitant forms FR-13e, "Florida Retirement System Retiree's Report of
				Continuing Disability" and FR-13f, "Florida Retirement System Physician's
				Report of Reexamination" adopted in Rule
				 60S-4.007, F.A.C. Such forms
				should be completed by the joint annuitant and his or her physician and
				returned to the Disability Determination Section within 60 days, unless an
				extension of time is requested and approved by the Division.
b. The Division will review the reports in
				subsection (a) and other available sources, such as, but not limited to,
				Workers' Compensation and Unemployment Compensation.
c. If the Division finds the joint annuitant
				continues to be disabled under the criteria used to determine the original
				disability, the joint annuitant will be notified in writing of the findings and
				conclusions, and further, that benefits will continue to be paid.
d. Based on the information obtained pursuant
				to the provisions of subparagraphs a. and b., if the Administrator finds the
				joint annuitant is no longer disabled under the criteria used to determine his
				or her original disability, the joint annuitant will be notified by certified
				mail of the initial findings and conclusions and that the Administrator intends
				to discontinue his or her benefit. The notice shall include a summary of the
				factual, legal and policy grounds for the intended decision.
e. When a joint annuitant receives notice
				that the Administrator intends to discontinue his or her benefits, he or she
				shall have 21 calendar days to present written evidence in opposition to the
				intended action or written objections challenging the grounds upon which the
				Administrator has based his or her intended decision. The joint annuitant may
				submit additional evidence or a written statement for reconsideration of the
				Division's denial of benefits and his or her benefit will continue subject to
				reconsideration.
f. After
				reconsideration of the joint annuitant's file, including any additional
				evidence or written statement submitted by the joint annuitant or obtained by
				the Division, the Administrator shall provide a written final decision on the
				merits to the joint annuitant by certified mail giving the reasons for the
				decision and will notify the joint annuitant that his or her benefits will
				continue if he or she is found to be disabled or will terminate effective the
				first day of the following month if he or she is found to be not
				disabled.
g. If the joint annuitant
				does not accept the Administrator's final decision on the merits, he or she may
				request in writing an administrative hearing on his or her disability claim by
				filing within 21 calendar days from the date he or she receives notice of the
				Administrator's final decision, a petition in accordance with Rule
				 28-106.201,
				F.A.C.
4. A joint
				annuitant who is determined to be disabled under this paragraph, and
				subsequently recovers, shall notify the Division immediately to have his or her
				benefits discontinued.