Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60S - Division of Retirement › Chapter 60S-4 - BENEFITS › Section 60S-4.011 - Designation of Beneficiary

Current through Reg. 50, No. 138; July 16, 2024
(1) A member
				may designate a beneficiary, as provided in subsection
				 60S-4.011(4) or
				(5), F.A.C., to receive the benefits which
				may be payable pursuant to these rules in the event of the member's death. No
				designation of beneficiary shall be effective unless it has been filed with the
				Division. The most recent designation of beneficiary filed with the Division
				shall replace any previous designation whether made before or after the
				member's retirement.
(2) As
				provided in Section  121.091(8),
				F.S., if no beneficiary is designated or if no designated beneficiary survives
				the member, the beneficiary shall be determined in the following order: the
				spouse of the deceased member; or if the spouse is not living, the living
				children of the deceased member, or on their behalf if under 18 years of age;
				or if no children survive, the deceased member's father and/or mother, if
				living; otherwise, the legal representative of the deceased member's
				estate.
(3) If a member has
				transferred from an existing system, any person whom the member had designated
				as his or her beneficiary under that existing system shall remain the member's
				designated beneficiary and shall receive the benefits, if any, which may be
				payable pursuant to these rules in the event of the member's death, unless the
				member changes his or her designation of beneficiary on the proper form
				provided by the Division.
(4) A
				member may designate a beneficiary or beneficiaries at any time prior to
				retirement, as follows:
(a) A member may
				designate one or more beneficiaries, to receive benefits sequentially, or
				jointly.
(b) A member may designate
				as beneficiary any person, organization, trust, or his or her estate; or he or
				she may designate that benefits be paid according to law as provided in
				subsection  60S-4.011(2),
				F.A.C., and Section  121.091(8),
				F.S.
(c) Such beneficiary
				designation shall be made on the Form BEN-001, effective 07/16,
http://www.flrules.org/Gateway/reference.asp?No=Ref-07348
,
				Florida Retirement System Pension Plan Active Member Beneficiary Designation
				Form, herein adopted by reference, which 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.
(d) A
				member may change his or her designation of a beneficiary at any time prior to
				retirement on the Form BEN-001.
(e)
				Notwithstanding any other provisions in this section to the contrary, effective
				January 1, 1999, if a member dies before his or her effective date of
				retirement, the member's spouse at the time of death shall be the member's
				beneficiary unless the deceased member had designated a different beneficiary
				after his or her most recent marriage, as provided herein:
1. If the member was not married at the time
				of his or her death, the beneficiary shall be the member's most recently
				designated beneficiary as provided in this section. To establish entitlement to
				a survivor's benefit, the designated beneficiary must provide to the Division a
				notarized statement that the member had no spouse at the time of
				death.
2. If the member was married
				at the time of his or her death, but the spouse is not the member's designated
				beneficiary, to establish entitlement to a survivor's benefit the spouse must
				provide a copy of the marriage certificate verifying that the marriage occurred
				after the most recent beneficiary designation.