(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:
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Position
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Effective date
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|
(a) Positions assigned to the Senior Management
Service, as provided in part III of chapter 110, F.S., and chapter 60L-31,
F.A.C.
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February 1, 1987 and after January 1, 1990
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|
(b) Certain legislative positions as follows:
* Up to 75 nonelective positions at the level of
committee staff director or higher or equivalent managerial or policy-making
positions within the House of Representatives, as selected by the Speaker of
the House of Representatives.
* Up to 50 nonelective positions at the level of
committee staff director or higher or equivalent managerial or policy-making
positions within the Senate, as selected by the President of the Senate.
* All staff directors of Joint Committees of the
Legislature.
* The Auditor General and up to nine managerial or
policy-making positions within his or her office as selected by the Auditor
General.
The executive director of the Commission on
Ethics.
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|
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(c) Certain local agency positions as follows:
* The president of each community college.
* The manager of each participating municipality or
county.
All appointed district school superintendents.
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January 1, 1990
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(d) Certain State University System positions as
follows:
* State University System Executive Service
positions.
State university presidents.
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January 1, 1991
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(e) Certain State Board of Administration positions
as follows:
The senior managers who have policy-making authority
as determined by the Governor, the Chief Financial Officer, and the Attorney
General acting as the State Board of Administration.
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January 1, 1991
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(f) Certain judicial system positions as
follows:
State Courts Administrator; Deputy State Courts
Administrators; Clerk of the Supreme Court; Marshal of the Supreme Court;
Executive Director of the Justice Administration Commission; Capital Collateral
Regional Counsels; Clerks of the District Courts of Appeals; Marshals of the
District Courts of Appeals; and Trial Court Administrators of each Judicial
Circuit.
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January 1, 1994
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Chief Deputy Court Administrator
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June 1, 2002
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(g) Certain Department of Military Affairs positions
as follows:
The Adjutant General, Assistant Adjutant
General-Army, Assistant Adjutant General-Air, State Quartermaster, Director of
Military Personnel, Director of Administration, and up to 4 additional
directors as designated by the agency head, not to exceed a total of 10
positions.
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July 1, 1996
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(h) Judges of compensation claims within the
Department of Labor and Employment Security.
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July 1, 1999
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(i) Assistant state attorneys, assistant statewide
prosecutors, assistant public defenders, and assistant capital collateral
regional counsels.
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January 1, 2001
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(j) Assistant attorneys general.
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January 1, 2002
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(k) Executive directors or staff directors of
Metropolitan Planning organization participating in the FRS.
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July 1, 2007
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(2)
Agency Optional Designation of SMSC Positions - certain positions within
certain agencies may be designated for inclusion in the SMSC by the employing
agency and if so designated shall have compulsory membership in the SMSC,
except as provided in subsection
60S-1.0057(7),
F.A.C., for any member of the Florida Retirement System or an existing system.
(a) These certain positions with certain
agencies which may be designated for inclusion in the SMSC are as follows:
1. Effective January 1, 1994 - positions in
the offices of the state attorney and the public defender in each judicial
circuit may be designated for inclusion in the Senior Management Service Class
as follows:
a. One nonelective full-time
position may be designated for each state attorney's office and each public
defender's office.
b. Additional
nonelective full-time positions in such offices with 200 or more filled,
regularly established positions may be designated, not to exceed 0.5 percent of
the filled, regularly established positions in the office or
agency.
2. Effective
January 1, 1994, for local agencies such positions may be designated by each
local agency employer as follows:
a. One
nonelective full-time position may be designated for each local agency
employer. Effective July 1, 2000, up to 10 nonelective full-time positions may
be designated for each local agency employer.
b. Additional nonelective full-time positions
in such agencies with 200 or more filled, regularly established positions may
be designated, not to exceed 0.5 percent of the filled, regularly established
positions in the office or agency. Effective June 17, 1998, additional
nonelective full-time positions in such agencies with 100 or more filled,
regularly established positions may be designated, not to exceed 1 percent of
the filled, regularly established positions in the office or
agency.
3. Effective July
1, 2007, for participating metropolitan planning organizations such positions
may be designated by each metropolitan planning organization employer as
follows:
a. Up to 10 nonelective full-time
positions may be designated.
b.
Additional nonelective full-time positions in such agencies with 100 or more
filled, regularly established positions may be designated, not to exceed 1
percent of the filled, regularly established positions in the office or
agency.
(b)
Such designated positions must meet the following requirements:
1. The position must be managerial or
policymaking; and
2. The position
must be the head of an organizational unit, or responsible for effecting or
recommending personnel, budget, expenditure, or policy decisions in its area of
responsibility; and
3. The position
must be one in which the employee filling the position is not subject to
continuing contract and does not have civil service protection, that is, is
subject to termination without cause.
(c) The employer designating such positions
must:
1. Publish in a newspaper of general
circulation in the county or counties affected, once a week for 2 consecutive
weeks, a notice of intent to designate a position or positions for inclusion in
the class; and
2. Complete Form
SMSD-1 (Rev 08/00)
http://www.flrules.org/Gateway/reference.asp?No=Ref-00333,
Florida Retirement System Senior Management Service Class Designated Position
Form, herein adopted by reference, which may be obtained from the Employer page
of the Division's website,
http://frs.MyFlorida.com, or 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. The position number of the designated position, consisting of
from 1 to 10 numeric digits, must be included on the Form
SMSD-1.
(d) Inclusion of
the position in the SMSC shall be effective on January 1, 1994 or, if Form
SMSD-1 is received by the Division after February 20, 1994, on the first day of
the month following the month in which Form SMSD-1 is received by the
Division.
(3) Removal of
Positions from the SMSC - Each local agency employer may between July 1, 1997
and December 31, 1997, reassess its designation of positions for inclusion in
the Senior Management Service Class as provided in subsection (2), and may
request removal of any such previously designated positions that it deems
appropriate. Such removal of positions shall be effective on the first day of
the month following receipt of written notification by the Division before
January 1, 1998.
(4) Effective Date
of Membership in the SMSC - the effective date of membership shall be the
latest of the following dates:
(a) Date of
inclusion of position in the Senior Management Service Class, or
(b) Date of appointment to a Senior
Management Service Class position, or
(c) For members of existing systems or the
Special Risk or Special Risk Administrative Support Classes who are eligible
for the options provided in subsection
60S-1.0057(7),
F.A.C., the first day of the month during which such member files his or her
written election for membership in the Senior Management Service Class, or 90
days after employment begins in a Senior Management Service Class position for
such member who fails to elect membership in the Senior Management Service
Class within such 90 day period.
(5) Termination of Membership in the SMSC -
Membership in the Senior Management Service Class shall cease when a member
terminates employment in a Senior Management Service Class position.
(6) Optional Membership - Membership in the
Senior Management Service Class shall be optional for certain eligible members
according to the following:
(a) Any member
holding a position eligible for membership in the Senior Management Service
Class who is a member of an existing retirement system may elect to remain in
such system in lieu of participation in the Senior Management Service Class as
follows:
1. Such election shall be made in
writing with the personnel office of the employer and the Division within 90
days after employment begins in a Senior Management Service Class
position.
2. Any such employee who
fails to elect to remain in such system within such 90-day period shall be a
compulsory member of the Senior Management Service Class as provided in
subsection
60S-1.0057(1),
F.A.C.
(b) Any member
holding a position eligible for membership in the Senior Management Service
Class position as provided in paragraphs
60S-1.0057(1)(a), (b), (e), (f), (g) and
(h), F.A.C., who is a member of the Special
Risk Class or the Special Risk Administrative Support Class of the Florida
Retirement System, may elect to remain in such class in lieu of participation
in the Senior Management Service Class as follows:
1. Such election shall be made in writing and
filed with the personnel office of the employer and the Division within 90 days
after employment begins in a Senior Management Service Class
position.
2. Any such employee who
fails to elect to remain in such class within such 90-day period, shall be a
compulsory member of the Senior Management Service Class as provided in
subsection
60S-1.0057(1),
F.A.C.
3. If a Special Risk Class
or a Special Risk Administrative Support Class member wishes to make such an
election, the Senior Management Service Class position to which he or she is
assigned must be an eligible Special Risk Class or Special Risk Administrative
Support Class position.
(c) Any member of the Florida Retirement
System Pension Plan or an existing system who is eligible for membership in the
Senior Management Service Class as provided in paragraph
60S-1.0057(1)(c),
subparagraphs (2)(a)2. and (7)(f)2., F.A.C., may elect to withdraw from the
Florida Retirement System altogether, in lieu of membership in the Senior
Management Service Class as follows:
1. Such
election shall be made in writing to the Plan Choice Administrator as defined
in subsection
60S-6.001(50),
F.A.C., in accordance with rule
19-11.006, F.A.C. Such election
may be filed using the State Board of Administration form designed for ease of
use; Form SMS-3, Local Senior Management Service Employees Retirement Plan
Enrollment Form, adopted by reference in subsection
60S-1.004(1),
F.A.C., or alternatively the employee may choose to submit a separate document
in lieu of Form SMS-3, to file their election with the Plan Choice
Administrator which at minimum shall provide the employee's name, social
security number and his or her plan election. The election to withdraw
altogether shall be irrevocable for as long as the employee holds a position
eligible for membership in the Senior Management Service Class. The effective
date of such election shall be the first day of the month following the month
in which the Plan Choice Administrator receives the written election.
2. Such members are not eligible to
participate in the Senior Management Service Optional Annuity Program
administered by the Division of Retirement.
(d) Any member of the Florida Retirement
System Pension Plan or an existing system who is eligible for membership in the
Senior Management Service Class as provided in paragraph
60S-1.0057(1)(d),
F.A.C., shall by default be enrolled into the State University System Optional
Retirement Program (SUSORP) prospectively upon such eligible employment and;
except for those filling a mandatory SUSORP position, may choose between
membership in the Florida Retirement System or participation in the SUSORP
within 90 days of employment as follows:
1.
Employees enrolled by default into the SUSORP, except for those filling a
mandatory SUSORP position as provided in section
121.051, F.S., 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. The eligible
employee may use the State Board of Administration's designed form for ease of
use; ORP-16, State University System Optional Retirement Program (SUSORP)
Retirement Plan Enrollment Form, adopted by reference in subsection
60S-1.005(1),
F.A.C., to file such election or alternatively the employee may choose to
submit a separate document in lieu of Form ORP-16, to file their election with
the Plan Choice Administrator which at minimum shall provide the employee's
name, social security number and his or her plan election.
2. 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.
3. Employees enrolled by default in the
SUSORP, except for mandatory SUSORP participants, 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. or to make the election as provided in
paragraph
60S-1.0057(1)(a) or
(b), shall by default have membership in the
FRS commencing with the date of employment into the SUSORP-eligible
position.
4. An election to
participate in SUSORP is irrevocable for as long as an employee remains in the
SUSORP-eligible position.
(e)
1.
Effective July 1, 1997, within 6 months of assuming office or within 6 months
of July 1, 1997, the following elected officers eligible for membership in the
Elected Officers' Class and who have not previously retired from a State of
Florida administered retirement plan, may elect membership in the Senior
Management Service Class in lieu of the Elected Officers' Class:
a. Any elected state officer; and
b. Any elected county, municipality, or
independent special district officer.
2. Such 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 as provided in 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 subsection
60S-1.004(1),
F.A.C., or alternatively the employee may choose to submit a separate document
in lieu of Form EOC-1 to file their election with the Plan Choice Administrator
which at minimum shall provide the employee's name, social security number and
his or her election.
(f)
Assistant state attorneys, assistant statewide prosecutors, assistant public
defenders, and assistant capital collateral regional counsels shall not be
eligible to participate in the Senior Management Service Optional Annuity
Program.
(7) A member of
the Senior Management Service Class shall retain all rights and creditable
service accumulated in the Florida Retirement System or existing system prior
to membership in the Senior Management Service Class.
Notes
Fla. Admin. Code Ann. R. 60S-1.0057
Rulemaking Authority
121.031,
121.4501(8) FS.
Law Implemented 121.051,
121.055
FS.
New 1-12-87, Amended 2-7-89, 9-5-90, 11-14-91,
Formerly 22B-1.0057, Amended 1-25-94, 8-4-94, 12-12-96, 2-24-99, 9-17-03,
4-5-12, 3-25-13, Amended by
Florida
Register Volume 44, Number 114, June 12, 2018 effective
6/28/2018.
New 1-12-87, Amended 2-7-89, 9-5-90, 11-14-91, Formerly
22B-1.0057, Amended 1-25-94, 8-4-94, 12-12-96, 2-24-99, 9-17-03, 4-5-12,
3-25-13, 6-28-18.
