Fla. Admin. Code Ann. R. 60S-1.004 - Participation

(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.

(2) Optional Membership - Participation in the Florida Retirement System shall be optional 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) and defined in rule 60S-6.001, F.A.C.

(a) All members of the State and County Officers and Employees' Retirement System, the Teachers' Retirement System, and the Highway Patrol Pension System, when membership in the Florida Retirement System is made available by act of the State Legislature which has occurred during the following periods:

1. October 15, 1970 through November 30, 1970; membership effective December 1, 1970.

2. April 15, 1971 through May 31, 1971; membership effective June 1, 1971.

3. April 15, 1972 through June 30, 1972; membership effective July 1, 1972, retroactive to December 1, 1970.

4. September 1, 1974 through November 30, 1974; membership effective January 1, 1975.

5. September 1, 1978 through November 30, 1978; membership effective January 1, 1979.

6. January 2, 1982 through May 31, 1982; membership effective July 1, 1982.

7. January 1, 1991 through May 29, 1991, for those members who were not employed in a covered position or on a creditable leave-of-absence during the periods described in subpararaphs 1. through 6., above, and were never reemployed before July 2, 1978 or after June 29, 1983 when transfer upon reemployment was allowed; membership effective July 1, 1991.

(b) Members of the existing systems who were not given an opportunity to transfer to the Florida Retirement System because they were on a creditable leave-of-absence under their existing retirement system. Such members shall be given an opportunity to transfer to the Florida Retirement System immediately upon termination of their leave of absence and return to duty, and shall indicate on the application their election to remain in the existing system or transfer to the Florida Retirement System.

(c)

1. Employees filling a position classified as eligible for membership in the State University System Optional Retirement Program (SUSORP) shall by default be enrolled prospectively into the SUSORP upon such employment except that participants of the FRS Investment Plan who fill such positions shall not be prospectively enrolled into the SUSORP unless the position is a mandatory SUSORP position as provided in section 121.051(1)(a), F.S.

2. Employees enrolled by default into the SUSORP, except for those filling a mandatory SUSORP position or a renewed member initially enrolled on or after July 1, 2017, may choose between membership in the Florida Retirement System or participation in the SUSORP within 90 days of employment by filing such election in writing with the Plan Choice Administrator as defined in subsection 60S-6.001(50), F.A.C., not later than 4:00 p.m. (Eastern Time) on the 90th day from the employee's date of hire into the SUSORP eligible position in accordance with sections 121.35 and 121.4501, F.S., and rule 19-11.006, F.A.C., and may file such election using the State Board of Administration's designed form for ease of use; Form ORP-ENROLL-1, the "State University System Optional Retirement Program (SUSORP) Retirement Plan Enrollment" form adopted by reference in rule 60U-1.012, F.A.C.

3. Employees who file an election to participate in the SUSORP, other than mandatory SUSORP participants who must elect this option, must also execute a contract with a SUSORP provider company no later than the 90th day from the employee's date of hire into the SUSORP eligible position in accordance with sections 121.35 and 121.4501, F.S., and rule 19-11.006, F.A.C., or shall by default have membership in the FRS commencing with the date of employment into the SUSORP-eligible position. Mandatory SUSORP participants must execute a contract with a SUSORP provider company otherwise contributions will not be allocated to a SUSORP provider company.

4. Employees enrolled by default in the SUSORP, except for mandatory SUSORP participants or a renewed member initially enrolled on or after July 1, 2017, who do not elect SUSORP participation and/or who do not execute a provider contract within the 90-day period as provided in subparagraph 2., shall be reported as FRS Pension Plan members commencing with the date of employment into the SUSORP-eligible position. FRS membership will be determined by the member's active election or default membership as provided in subsection 60S-1.004(1), F.A.C.

5. An election to participate in SUSORP is irrevocable for as long as an employee remains in the SUSORP-eligible position.

(d) Employees with active Senior Management Service Optional Annuity Program membership (SMSOAP) filling a position classified as eligible for SMSOAP participation as provided in section 121.055, F.S., and chapter 60V, F.A.C., shall within the 90-day period of the commencement of such employment have the option of prospectively participating in SMSOAP in lieu of participating in the FRS as provided in sections 121.055 and 121.4501, F.S.

An election to participate in SMSOAP is irrevocable for as long as an employee remains in the SMSOAP-eligible position except as provided in section 121.055(6)(c)5., F.S.

(e) Any elected officer eligible for membership in the Elected Officers' Class may within the first six months of assuming office choose to:

1. Withdraw from the Florida Retirement System altogether, which means that the employee will not participate in the Florida Retirement System or any retirement plan offered by his or her employer; that the effective date of the election will be the date he or she assumed elected office; and that the employee can rejoin the Elected Officers' Class during a term of office upon written request.

2. Join the Senior Management Service Class of the FRS in lieu of participating in the Elected Officers' Class of the FRS as provided in section 121.055. F.S., wherein;

a. State elected officers who elect to participate in the Senior Management Service Class would be eligible to elect to participate prospectively in the Senior Management Optional Annuity Program in lieu of the FRS within the first 90-day period of participation in the Senior Management Service Class as provided in paragraph (d).

b. Local elected officers who elect to participate in the Senior Management Service Class would be eligible to elect to withdraw from the Florida Retirement System to participate in a local retirement program within the first 90-day period of participation in the Senior Management Service Class.

3. An elected officer may file their election in writing to the Plan Choice Administrator as defined in subsection 60S-6.001(50), F.A.C., no later than the last business day of the 6th month after assuming elected office in accordance with sections 121.055 and 121.4501, F.S., and rule 19-11.006, F.A.C., using the SBA designed form for ease of use; Form EOC-1, Elected Officers' Class Retirement Plan Enrollment Form, adopted by reference in rule 19-11.006, F.A.C.

(f) Any member of an existing system or any member retired under the disability provisions of the Teachers' Retirement System who recovers and terminates his or her benefit, and

1. Who returns to employment on or after June 30, 1983 and prior to July 1, 1988; or

2. Who has terminated all employment relationships as provided in subsection 60S-6.001(69), F.A.C., remains terminated from all covered employment for at least 12 months and returns to covered reemployment on or after July 1, 1988. Such member shall have the option of transferring to the Florida Retirement System or remaining in the existing system. To remain in the existing system the member shall, within 6 months of reemployment, make written notification to the Division of his or her intention to remain in the existing system. Such written notification may be made using Division of Retirement designed form for ease of use, Form BLE-1 (Rev 08/99) http://www.flrules.org/Gateway/reference.asp?No=Ref-00317, herein adopted by reference and may be obtained by calling the Division Toll Free at (844)377-1888, if calling outside the Tallahassee calling area or locally at (850)907-6500, or if hearing or speech impaired by calling the Division via T.D.D. at the Florida Relay System by dialing 711 or (800)955-8771. Failure to submit notification shall result in compulsory membership in the Florida Retirement System as provided in paragraph 60S-1.004(1)(d), F.A.C. (See also paragraphs 60S-1.004(1)(g), (3)(b) and (3)(f), F.A.C.)

(g) Those employees who specifically rejected membership in an existing retirement system prior to July 1, 1947, when the employees were given this option by law, and who continue employment without participating in the Florida Retirement System may withdraw their rejection in writing and, if otherwise eligible, participate in the Florida Retirement System. Such employee shall notify the Division of Retirement in writing of his or her desire to withdraw his or her rejection and to become a member of the Florida Retirement System. The Division shall then notify the employing agency to enroll the employee in the Florida Retirement System effective the first day of the month following the month during which the Division received notification of the employee's withdrawal of rejection.

(h) 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. All such officers and employees who are eligible for Florida Retirement System membership and who elect coverage under the Florida Retirement System shall be compulsory members of the Florida Retirement System, provided a majority of such officers and employees elect such coverage in a referendum held for that purpose.

(i) Any member of a local retirement system whose employer becomes a covered group, except as provided in paragraph (h).

(j) Any employee filling a position classified as eligible for participation in the Florida Retirement System and who elects the State Community College System Optional Retirement Program (CCORP) as provided in sections 121.051 and 1012.875, F.S.

1.

a. Prior to July 1, 2003, an employee filling a CCORP eligible position, within 60 days of the date of qualifying employment, had the option of prospectively participating in the CCORP. If such option was not exercised within 60 days of qualifying employment, the employee filling the CCORP eligible position forfeits eligibility to participate in the CCORP.

b. On or after July 1, 2003 and through December 31, 2008, an active CCORP participant, having made election to participate in the CCORP prior to July 1, 2003, may file an election in writing with the Plan Choice Administrator as defined in subsection 60S-6.001(50), F.A.C., to transfer the sum representing the Present Value of the FRS Pension Plan service credit that resulted from that period(s) of time when the participant first became eligible to transfer to the CCORP and the effective date of such election as provided in section 121.051(2)(c)7., F.S. Transfer of this sum will nullify service credit for that period under the FRS Pension Plan. Such election may be filed in writing to the Plan Choice Administrator as defined in subsection 60S-6.001(50), F.A.C., in accordance to section 121.4501, F.S., and rule 19-11.006, F.A.C., using the State Board of Administration designed form for ease of use; Form OCC-2 (Rev. 10-12) http://www.flrules.org/Gateway/reference.asp?No=Ref-01931, "Retirement Plan Conversion Form for Community College Optional Retirement Program (CCORP) Members", herein incorporated by reference. This form is available online at www.MyFRS.com or at www.frs.MyFlorida.com; or by calling toll free (866)446-9377, or for the hearing impaired (888)429-2160.

2. On or after July 1, 2003, an employee filling a CCORP eligible position, within 90 days of qualifying employment, shall have the option of electing to participate in the CCORP.

a. For an employee initially enrolled into the FRS as a result of CCORP-eligible employment, such election will be retroactive to the date of eligible employment.

b. For an employee who became eligible as a result of transfer to a CCORP-eligible position, such election will be effective the first day of the month for which a full month's participation in the CCORP could have occurred within the 90-day election window.

c. To file an election to participate in the CCORP, such election must be made in writing to the Plan Choice Administrator and to the employer, the eligible employee may use the State Board of Administration's designed form for ease of use; Form OCC-1, "Community College Optional Retirement Program (CCORP) Retirement Plan Choice Form for Eligible Employees, " adopted by reference in rule 19-11.006, F.A.C.

d. An employee who fills a CCORP-eligible position who does not make an election to participate in the CCORP within his or her election window, forfeits eligibility to participate in the CCORP and defaults to FRS membership.

3. An election to participate in the CCORP is irrevocable except that, effective July 1, 2003, an active participant can, at his or her discretion within the terms of his or her State Community College Optional Retirement Program contract, exercise a one-time opportunity to transfer to the FRS Pension Plan or participate prospectively in the FRS Investment Plan by filing such election in writing with the Plan Choice Administrator, the eligible employee may use the State Board of Administration's designed form for ease of use; Form OCC-2 "Retirement Plan Conversion Form for Community College Optional Retirement Program (CCORP) Members."

(k) The sheriff, circuit court clerk or mayor of a consolidated government as provided in section 121.052(2)(d) and (5)(d), F.S.

(3) Membership Not Permitted - Participation in the Florida Retirement System shall not be permitted for:

(a) A person who has retired under the disability provisions of a state-administered retirement system except as provided in subsection 60S-4.007(8), F.A.C.

(b) Any member of an existing system on or after July 1, 1978 and prior to June 30, 1983 who terminated employment without receiving a total or partial refund of contributions. Such member shall remain a member of the existing system.

(c) Officers and employees of any nonprofit association or corporation; however, all officers and employees of the University Athletic Association, Inc. participating in a state-supported retirement system prior to July 1, 1979, shall continue membership in such system, except those who chose in writing between July 1, 1979 and March 30, 1980 to terminate participation in the Florida Retirement System in accordance with section 121.051(2)(a)1., F.S.

(d) Any person participating in the State University System Optional Retirement Program (SUSORP) in accordance with paragraph 60S-1.004(2)(c), F.A.C.

(e) Any person participating in the Senior Management Service Optional Annuity Program in accordance with paragraph 60S-1.004(2)(d), F.A.C., except as provided in section 121.055(6)(c)5., F.S.

(f) Any member of an existing system who is reemployed on or after July 1, 1988 within 12 months after terminating all employment relationships as provided in subsection 60S-6.001(69), F.A.C., regardless of whether he or she received a full or partial refund of retirement contributions. Such member shall remain a member of the existing system except as provided in rules 60S-1.0055 and 60S-1.0057, F.A.C. (See also paragraphs 60S-1.004(1)(f), (7)(f), and (8)(b), F.A.C.)

(g) Any person performing services as a consultant or an independent contractor as defined in subsection 60S-6.001(33), F.A.C. The determination of the employment classification of a person as an employee or an independent contractor is solely within the jurisdiction of the Division. To establish whether a person is an independent contractor or an employee, a determination may be requested from the Division, Bureau of Enrollment and Contributions. The determination will be based in substantial part on information furnished on Form ERQ-1, effective 06/18, http://www.flrules.org/Gateway/reference.asp?No=Ref-09532, Florida Retirement System Employment Relationship Questionnaire, herein adopted by reference, which the employing agency and the person performing the services must each complete and submit to the Division for a determination. Form ERQ-1 is available online at www.MyFRS.com or at www.frs.MyFlorida.com or may be obtained by calling the Division Toll Free at (844)377-1888, if calling 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. Retroactive adjustments of retirement contributions will be required by any agency that improperly excludes or enrolls a person.

(h) Any person appointed on or after July 1, 1989, to a faculty position in a college at the J. Hillis Miller Health Center at the University of Florida or the Medical Center at the University of South Florida which has a faculty practice plan provided by rule adopted by the Board of Governors or its predecessors. Effective July 1, 2008, any person appointed to a faculty position, including clinical faculty, in a college at a state university that has a faculty practice plan authorized by the Board of Governors. Such person must participate in the State University System Optional Retirement Program based on such service in accordance with section 121.051(1), F.S.

(i) Any person participating in the Community College Optional Retirement Program in accordance with sections 121.051 and 1012.875, F.S.; except as provided in subparagraph 60S-1.004(2)(j) 3., F.A.C., and section 121.051(2)(c)3., F.S.

(j) Any person initially employed on or after January 1, 1996, by a municipality, independent special district, or hospital that revoked its participation in the Florida Retirement System on that date. Such person shall participate in a retirement plan established by the employer in accordance with section 121.0511, or 121.051(2)(b)5., F.S.

(k) All blind or partially-sighted persons who are employed or licensed by the Bureau of Blind Services as vending facility operators on or after July 1, 1996; and any such persons who were members prior to July 1, 1996, who make an irrevocable election on or before July 31, 1996, to withdraw from the Florida Retirement System, and any such persons for whom retirement contributions are not paid.

(l) All employees of a not-for-profit corporation or association created by the Board of County Commissioners of Palm Beach County for the purpose of owning, operating, or managing a public bus transit system formerly operated or managed by a private corporation subject to 49 U.S.C., Section 5333(b).

(m) All employees of a private charter school or charter technical career center; and all independent contractors who, either as individuals or as members of a group, contract their services to a public charter school or charter technical career center.

(4) Membership in the Florida Retirement System shall be compulsory if the employee is filling a full-time or part-time regularly established position; except for State University System Optional Retirement Program (SUSORP)-eligible and mandatory SUSORP employees as provided in section 121.35, F.S., and paragraph 60S-1.004(2)(c), F.A.C.; Senior Management Service Optional Annuity Program (SMSOAP)-eligible employees as provided in section 121.055 and 121.4501, F.S., and paragraph 60S-1.004(2)(d), F.A.C.; elected officers eligible for membership in the Elected Officers' Class as provided in section 121.052, F.S., and paragraph 60S-1.004(2)(e), F.A.C.; and CCORP-eligible employees as provided in sections 121.051 and 1012.875, F.S., and paragraph 60S-1.004(2)(j), F.A.C. An employee filling a regularly established position shall be enrolled on the first day of employment, even if the employee is serving a probationary period, or working part-time. A position meeting the definition below shall be considered a regularly established position. An elected official (with the exception of those listed in subparagraph 60S-1.004(5)(d) 7., F.A.C.), shall be considered to be filling a regularly established position on the date he or she is commissioned or assumes office.

(a) A regularly established position in a state agency is a position as defined in section 121.021(52)(a), F.S.

(b) A regularly established position in a local agency (district school board, county agency, Florida College System institution, municipality, independent special district, metropolitan planning organization, or participating public charter school or charter technical career center) is an employment position which will be in existence beyond 6 consecutive calendar months except that effective October 1, 2012, a regularly established position in a water management district operating pursuant to chapter 373, F.S., shall be as defined in section 121.021(52)(c), F.S. A local agency, when establishing an employment position, except for positions identified in sub-subparagraphs 60S-1.004(4)(c) 7.a. and 8.a., F.A.C. or paragraph 60S-1.004(5)(d), F.A.C., should determine if the position will exist beyond 6 consecutive calendar months. If it will, then it is a regularly established position. If it will not, then it is a temporary position. A position which exists for any part of a month is considered to be in existence for the entire month. A local agency shall not use the 6 month period as a means for not making the required retirement contributions into the Florida Retirement System trust fund. Records documenting the intended length of a temporary position and the dates of employment of an employee in such position must be maintained by the agency.

(c) The following shall apply to all members employed by a local agency except that effective October 1, 2012, such shall not apply to members employed by a water management district operating pursuant to chapter 373, F.S.:

1. A member filling a regularly established position who performs additional duties for the same employer is considered to be filling a regularly established position for the total employment and the employer shall make the required retirement contributions.

2. A member filling a regularly established position and also a temporary position for different Florida Retirement System employers shall not be covered for the employment in the temporary position, nor shall the employer have to make retirement contributions for the employment in the temporary position.

3. A teacher filling a regularly established position who performs additional duties (beyond those contracted) for the same employer is considered to be filling a regularly established position for the total employment and the employer shall make the required retirement contributions.

4. A teacher who did not fill a regularly established position during the preceding school year and who is employed to teach during a summer session is filling a temporary position and the employer shall not make retirement contributions for this summer employment.

5. A person filling a regularly established position as a temporary replacement for a member on a leave-of-absence approved for more than 6 months shall be enrolled in the system upon employment; or, if the leave is approved for 6 months or less and is subsequently extended beyond 6 months, such person shall be enrolled at the time of the extension; or if the leave-of-absence is open-ended, that is, the duration of the leave-of-absence is not documented, such person shall be enrolled retroactively to date of employment; otherwise such person shall be considered a temporary employee and shall not be reported for retirement purposes.

6. An employment position financed by grant monies becomes a regularly established position if the position exists beyond 6 consecutive calendar months, except as provided in subparagraph 7. below.

7.

a. CETA participants employed from July 1, 1979 through September 30, 1983, under the Federal Comprehensive Employment and Training Act and JTPA participants employed on or after October 1, 1983, under the Job Training Partnership Act shall be considered to be filling a temporary position for retirement purposes.

b. CETA participants employed prior to July 1, 1979 who are already covered for retirement may continue to have retirement coverage for the duration of their participation in the CETA program.

c. CETA administrative staff members and instructors are considered to be filling regularly established positions and may participate in the Florida Retirement System from July 1, 1979 through September 30, 1983.

d. JTPA administrative staff members and instructors employed on or after October 1, 1983 and filling regularly established positions shall participate in the Florida Retirement System.

8.

a. "Enrollees" of the Senior Community Service Employment Program of the U.S. Department of Labor shall be considered to be filling a temporary position, for retirement purposes.

b. Project administrators and staff of the Senior Community Services Employment Program of the U.S. Department of Labor shall be considered to be filling regularly established positions and may participate in the Florida Retirement System.

(5) An employee who is filling a temporary position shall not be eligible for membership in the Florida Retirement System. Records documenting the intended length of a temporary position and the dates of employment of an employee in such position must be maintained by the agency. An employer employing a person in a temporary position shall advise the employee at the time of his or her employment that he or she is filling a temporary position and cannot participate in the Florida Retirement System or claim this temporary employment later for retirement purposes. A position shall not be considered temporary due to the uncertainty of the employee's intention to continue employment. A position meeting the definition below shall be a temporary position.

(a) A temporary position in a state agency is a position as defined in section 121.021(53)(a), F.S.

(b) A temporary position in a local agency except as provided in paragraph (c) is:

1. An employment position which will not exist beyond 6 consecutive calendar months; or

2. An instructional position which is established with no guarantee of continuation beyond one term to teach in a community college, a district school board public school, a participating public charter school or a participating public charter technical career center; effective July 1, 1991, such a position may include a paper grader, tutor, note taker, and a lab tutor at community colleges; or

3. Any of the following types of positions wherein documentation to support such temporary positions is maintained by the agency in the employee's personnel record or in the absence of the same, other agency documentation deemed acceptable by the division (see subsection 60S-5.007(2), F.A.C.).

a. Student positions filled by persons who are bona fide students in an accredited educational or vocational program who perform services for a public employer in a position set aside strictly for students.

b. Work-Study positions filled by students participating in the Federal work-study program.

c. Substitute teacher positions filled by persons not on contract called to work intermittently to substitute.

d. On call positions filled by employees who are called to work for brief periods and whose work ceases when the job is completed. If an employee has a work schedule and works consistently month after month, he or she is not considered to be filling an on call position.

e. CETA and JTPA, and "enrollees" in Senior Community Service Employment Program of the USDA as provided in sub-subparagraphs 60S-1.004(4)(c) 7.a. and 8.a, F.A.C.

f. Non-salaried elected positions in which the elected officials receive no compensation, but receive expenses, e.g., per diem, stipend, or an honorarium.

g. Effective July 1, 1991, Non-instructional Community College positions filled by employees paid from an other-personal-services OPS budget for not more than 2080 hours of total service within a single community college. Such person who is employed beyond 2080 total aggregate hours within a community college shall thereafter be an employee filling a regularly established position and a compulsory member of the Florida Retirement System regardless of the appropriation category from which he or she is paid.

h. Positions established on a temporary basis as a result of a state of emergency as declared by the Governor because of a disaster caused by destructive storms, winds, floods, fires, earthquakes, freezes, and other similar emergencies.

i. Instructional positions in grades K-12 filled by exchange teachers on a J-1 visa when participating in an exchange visitor program designated by the United States Department of State pursuant to 22 CFR 62.24 (November 10, 2005). Employment may not exceed 3 years whether employed in regularly established positions or temporary positions with educational institutions listed on federal Form DS-2019, Certificate of Eligibility for Exchange Teacher Status. A certified copy of Form DS-2019 must be maintained in the sponsoring agency's records for each exchange teacher employed.

(c) Effective October 1, 2012, a temporary position in a water management district is a position as defined in section 121.021(53)(c), F.S.

(6) A member who terminates employment retains membership rights to previously earned member-noncontributory service credit, and to member-contributory service credit if the member leaves his or her contributions on deposit in his or her retirement account. Such member may reinstate any previously earned member-contributory service credit for which a refund was received after completion of 1 year of reemployment and membership as provided in subsection 60S-2.004(2), F.A.C., and repayment of the refunded employee contributions.

(7) The effective date of membership in each class enumerated in subsection (1) and defined in rule 60S-6.001, F.A.C., shall be as follows:

(a) Regular Class members:

1. A Regular Class member shall have membership in the Regular Class effective on his or her first day of employment.

2. A Special Risk Class member who becomes ineligible for Special Risk Class membership shall have his or her designation of Special Risk Class membership discontinued and shall become a Regular Class member on the first day of the month following the date the member becomes ineligible for Special Risk Class membership.

(b) Special Risk Class members shall have membership in the Special Risk Class effective as provided in rule 60S-1.005, F.A.C.

(c) Special Risk Administrative Support Class members shall have membership in the Special Risk Administrative Support Class effective as provided in rule 60S-1.0054, F.A.C.

(d) Elected Officers' Class members:

1. An elected officer who becomes a compulsory member of the Elected Officers' Class shall have membership in such class on the date such officer assumes office; or

2. An elected officer who has withdrawn from the Elected Officers' Class and later elects to rejoin the Elected Officers' Class shall have membership in such class on the first day of the month during which the Division receives the officer's request to rejoin the Elected Officers' Class.

(e) Senior Management Service Class members shall have membership in the Senior Management Service Class effective as provided in rule 60S-1.0057, F.A.C.

Notes

Fla. Admin. Code Ann. R. 60S-1.004

Rulemaking Authority 121.031, 121.4501(8) FS. Law Implemented 121.011, 121.021, 121.021(39), 121.051(1), (2), 121.051(2)(b)6., 121.0511, 121.0511(6), 121.052, 121.053, 121.055, 121.081, 121.091(8), (13), 121.122, 121.35, 121.355, 121.4501, 1012.875 FS.

New 1-1-72, Amended 10-20-72, 12-31-74, 10-2-78, 7-1-79, 7-1-80, 8-26-81, 1-19-82, 10-11-82, 1-18-83, 11-6-84, 4-17-85, Formerly 22B-1.04, Amended 2-4-86, 1-12-87, 3-11-87, 2-7-89, 9-5-90, 5-15-91, 11-14-91, Formerly 22B-1.004, Amended 3-18-93, 8-4-94, 4-5-95, 3-12-96, 12-12-96, 2-24-99, 9-17-03, 1-1-06, 4-5-12, 3-25-13, Amended by Florida Register Volume 44, Number 114, June 12, 2018 effective 6/28/2018.

New 1-1-72, Amended 10-20-72, 12-31-74, 10-2-78, 7-1-79, 7-1-80, 8-26-81, 1-19-82, 10-11-82, 1-18-83, 11-6-84, 4-17-85, Formerly 22B-1.04, Amended 2-4-86, 1-12-87, 3-11-87, 2-7-89, 9-5-90, 5-15-91, 11-14-91, Formerly 22B-1.004, Amended 3-18-93, 8-4-94, 4-5-95, 3-12-96, 12-12-96, 2-24-99, 9-17-03, 1-1-06, 4-5-12, 3-25-13, 6-28-18.