Florida Administrative Code › 60 - DEPARTMENT OF MANAGEMENT SERVICES › 60S - Division of Retirement › Chapter 60S-1 - MEMBERSHIP › Section 60S-1.004 - Participation

Current through Reg. 50, No. 138; July 16, 2024
(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-1.004(4),
				F.A.C., and defined in rule
				 60S-6.001, F.A.C., (exceptions
				are provided in subsection
				 60S-1.004(2) or
				(3), F.A.C.) and eligible for FRS membership.
				Such officers and employees shall participate in one of the five Florida
				Retirement System classes of membership. Members shall be assigned to the
				Regular Class unless eligible or required by virtue of the position held to be
				in the Special Risk Class, the Special Risk Administrative Support Class, the
				Elected Officers' Class, or the Senior Management Service Class. All such
				officers or employees initially enrolled into the FRS or initially enrolled as
				renewed members of the FRS as provided in section
				 121.4501, F.S., shall be
				enrolled, by default, into the FRS Investment Plan as provided in part II of
				chapter 121, F.S., and may, by the last business day of the eighth month
				following his or her month of hire as provided in sections
				 121.122 and
				 121.053, F.S., choose to elect
				enrollment into the FRS Pension Plan as provided in part I of chapter 121, F.S.
				Such election may be filed with the Plan Choice Administrator as defined in
				subsection  60S-6.001(50),
				F.A.C., using one of the following State Board of Administration forms adopted
				by reference in rule  19-11.006, F.A.C., applicable to
				his or her membership class in the Florida Retirement System. The forms are:
				Form ELE-1-EZ, an EZ Retirement Plan Enrollment form which is only for Regular
				Class, Special Risk Class, and Special Risk Administrative Support Class
				members; Form ELE-1, a General Retirement Plan Enrollment form for Regular
				Class, Special Risk Class, and Special Risk Class Administrative Support Class
				members; Form EOC-1, a form for Elected Officers' Class members; Form OCC-1, a
				form for members eligible for participation in the State Community College
				System Optional Retirement Program; Form SMS-3, a form for members eligible for
				participation in a local retirement plan in lieu of the Senior Management
				Service Class. Form ORP-ENROLL-1, "State University System Optional Retirement
				Program (SUSORP) Retirement Plan Enrollment, " a form for members eligible for
				participation in the SUSORP, is incorporated by reference in rule
				 60U-1.012, F.A.C. The form
				appropriate to the employee's membership class is available online at
www.MyFRS.com
or at
www.frs.MyFlorida.com
; or by calling
				toll free 1(866)446-9377, or for the hearing impaired 1(888)429-2160. Except
				for renewed members initially enrolled on or after July 1, 2017, after the
				period of initial FRS plan choice has expired, or the month following the
				receipt of the eligible employee's plan election, if sooner, the employee's
				plan choice is irrevocable except that the employee shall have one opportunity,
				at the employee's discretion, to change plans as provided in section
				 121.4501, F.S. Such election to
				change FRS plans may be made using one of the following State Board of
				Administration forms adopted by reference in rule
				 19-11.007, F.A.C., for ease of
				use for employees in the several membership classes of the Florida Retirement
				System. These forms are: Form ELE-2, 2nd Election Retirement Plan Enrollment
				Form; and Form ELE-2-EZ, 2nd Election EZ Retirement Plan Enrollment Form. These
				forms can be obtained online at
www.MyFRS.com
or at
www.frs.MyFlorida.com
; or by calling
				toll free 1(866)446-9377, or for the hearing impaired 1(888)429-2160.
(a) All officers and employees within any
				agency, branch, department, institution, university, institution of higher
				education, or board of the state, or any county agency, branch, department,
				board, district school board, or participating independent special district,
				municipality of the state, metropolitan planning organization, public charter
				school or public charter technical career center.
(b) All officers and employees who were in
				the employ of an employer on December 1, 1970 but who were not eligible to
				participate in the existing systems except those employees who meet the
				criteria for optional membership as provided in subsection
				 60S-1.004(2),
				F.A.C., or prohibited membership as provided in subsection
				 60S-1.004(3),
				F.A.C.
(c) All members of the
				existing systems who elect to transfer to the Florida Retirement System in
				accordance with the procedures established by the Administrator. Any member of
				one of the existing systems who was on a noncreditable leave-of-absence under
				his or her existing system or the entire period of leave-of-absence was not
				claimed for retirement purposes, shall be a compulsory member of the Florida
				Retirement System unless the member's account was not adjusted prior to July 1,
				1978, when the statutes were amended as provided in paragraph
				 60S-1.004(3)(b),
				F.A.C.
(d) Any member, as provided
				in paragraph  60S-1.004(2)(f),
				F.A.C., who fails within 6 months of reemployment to make written notification
				to the Division of his or her intention to remain in the existing
				system.
(e) Officers and employees
				of a covered group of a municipality, independent special district,
				metropolitan planning organization, public charter school or public charter
				technical career center which is approved for participation in the Florida
				Retirement System. If eligible for FRS membership, such officers and employees
				shall be compulsory members as follows:
1. If
				the participating municipality, independent special district, metropolitan
				planning organization, public charter school or public charter technical career
				center did not have a local retirement system at the time it was approved for
				participation in the Florida Retirement System, all present and future officers
				and employees shall be covered.
2.
				If the participating municipality, independent special district, metropolitan
				planning organization, participating public charter school or public charter
				technical career center had a local retirement system at the time it was
				approved for membership in the Florida Retirement System, all officers and
				employees who elect to transfer to the Florida Retirement System shall be
				covered and all future officers and employees shall be
				covered.
(f) All officers
				or employees of a covered group of a municipality or independent special
				district, who are members of a local retirement system established in
				accordance with chapter 175 or 185, F.S., may elect coverage under the Florida
				Retirement System by a majority of such officers and employees in a referendum
				held for that purpose. Upon establishing membership in the Florida Retirement
				System for the covered group, all officers or employees hired thereafter who
				are eligible for FRS membership shall be compulsory members of the FRS.
				Existing officers and employees shall be subject to paragraph
				 60S-1.004(2)(h),
				F.A.C.
(g) All former members of
				existing systems who terminated employment and received a full or partial
				refund of retirement contributions; and
1.
				Returns to covered employment after November 30, 1970 and prior to July 1,
				1988; or
2. Returns to covered
				employment on or after July 1, 1988 after terminating all employment
				relationships as provided in subsection
				 60S-6.001(69),
				F.A.C., and remaining terminated from all covered employment for at least 12
				months.
(h) All blind or
				partially-sighted persons who are employed or licensed by the Bureau of Blind
				Services as vending facility operators on or after December 1, 1970 and prior
				to July 1, 1996. Such persons who were members during that period shall remain
				compulsory members of the Florida Retirement System for as long as the member
				is a vending facility operator, unless such member makes an irrevocable
				election on or before July 31, 1996, to withdraw from the Florida Retirement
				System or unless retirement contributions are not paid.
(i) All regular receivership employees of the
				Division of Rehabilitation and Liquidation, Department of Insurance.
(j) All members who were employed with a
				municipality, independent special district, or hospital when such employer
				revoked its participation in the Florida Retirement System on January 1, 1996,
				as provided by section 121.0511 or 121.051(2)(b)5., F.S. Such members shall
				remain as members of the Florida Retirement System for as long as they are
				continuously employed with that same employer.
(k) Effective July 1, 1996, the following
				employees of a dependent governmental entity within the jurisdiction of an
				independent participating agency that has failed to report such employees for
				membership in the Florida Retirement System as required under this chapter,
				shall become compulsory members of the Florida Retirement System:
1. Employees that were hired on or after July
				1, 1996;
2. Employees as of June
				30, 1996, who were not participating in a retirement plan provided by the
				dependent entity. Any such employees who, on June 30, 1996, were participating
				in a retirement plan provided by the dependent entity shall elect, in writing,
				to participate in the Florida Retirement System or to remain in the retirement
				plan provided by the dependent entity, effective July 1,
				1996.
(l) All employees
				of a public charter school or charter technical career center, the governing
				body of which has elected to participate in the Florida Retirement
				System.