8783270, 60S-9.001 - Florida Administrative Rules, Law, Code, Register

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Notice: 8783270

Notice of Development of Rulemaking

Department:

DEPARTMENT OF MANAGEMENT SERVICES

Division:

Division of Retirement

Chapter:

APPROVED FORMS

Overview

RULE:

60S-9.001

Approved Forms (Repealed)

PURPOSE:

The purpose of this rule development is to (1) propose the adoption of five new division forms and (2) fifteen revised division forms; (3) the deletion of three division forms from rule; (4) correction to the listing of one division form in rule to reflect under the proper bureau; (5) add the form dates in rule to two previously promulgated division forms; (6) correction of a typographical error in the form listing in rule, (7) the deletion of one obsolete State Board of Administration form adopted by reference in rule and (8) the revision of the listing of all State Board of Administration Enrollment and Election forms that may be utilized by members of the Florida Retirement System to reflect the rule number under which each form is adopted by reference in Division rules rather as opposed to referencing the revision date of the form in this listing.
(1) The five new division forms are as follows:
1. FRS-415 (5/08) – A Bureau of Enrollment and Contributions form, created for members employed by a local government law enforcement agency or medical examiner’s office to make application for Special Risk membership in the Florida Retirement System as provided in Section 121.0515(2)(j), F.S.
2. ORP-2a (4/09) – A Bureau of Enrollment and Contributions form, created for actively employed and currently enrolled State University System Optional Retirement Program (SUSORP) participants to transfer the present value of the employee’s accumulated benefit obligation under the defined benefit program of the FRS for any service credit accrued from the employee’s first eligible transfer date to the (SUSORP) through the actual date of transfer if such service credit was earned between July 1, 1984 through December 31, 1992. Previously this was been an option on the discontinued State Board of Administration form ORP-2.
3. FS-DS-ORP (11/08) – A Bureau of Retirement Calculations form created for active FRS Pension Plan members to purchase service credit for periods of State University System Optional Retirement Program (SUSORP) and/or State Community College Optional Retirement Program (CCORP) participation on which no distribution of employer contributions have been made during a one-year window between January 1, 2009 and December 31, 2009 as provided in Section 121.355, F.S.
4. DP-PAYT-RMD (8/09) – A Bureau of Benefit Payments form. This form is an iteration of the current DP-PAYT form but specific to those who are subject to the Required Minimum Distribution (RMD) upon termination DROP. This form was developed to automate the process for those subject to the RMD.
5. SA-2 (2/10) – A Bureau of Benefit Payments form. This form is an iteration of the spousal acknowledgment form (SA-1) of retiring FRS Pension Plan members, but is applicable to FRS Investment Plan Disability retirees.
(2) The fifteen revised Division forms are:
1. ERQ-1 (Rev. 09/08) – A Bureau of Enrollment and Contributions form; revised the “Note” section on page 1 of the form further clarifying the use of the term “agency” on this form and rewords question 9.(a) on page 3 for greater clarity.
2. FRS-410 (Rev. 05/08) – a Bureau of Enrollment and Contributions form; limited this application for Special Risk Membership to those forensic workers applying for Special Risk coverage based on the criteria effective between October 2005 and June 2008 as provided in Section 121.0515(2)(h), F.S.
3. FR-11 (Rev.07/09) – A Bureau of Retirement Calculations form; deleted the last sentence of item 4 on the instructional page which reads, “Rollovers cannot be made for upgraded service.” Upgrades may now be used to purchase upgraded service in accordance with the Pension Protection Act of 2006.
4. FRS-11o (Rev. 01/10) – A Bureau of Retirement Calculations form; deleted the spousal acknowledge section from the form which has been incorporated into the revised SA-1 form contained herein and adds the statement to the FRS-11o, “Please complete Form SA-1”; and deletes the parenthetical in Option 3 and 4 which reads. “spouse or financial dependent” as it is redundant.
5. DP-ELE (Rev. 04/09) – A Bureau of Retirement Calculations form; deleted from the first sentence of the second paragraph “unless I am an elected officer with membership in the EOC” (Statutory authority Section 121.053(3)(b), F.S.).
6. DP-11 (Rev. 04/09) – A Bureau of Retirement Calculations form; deleted from the first sentence of the second paragraph “unless I am an elected officer with membership in the EOC” (Statutory authority Section 121.053(3)(b), F.S.).
7. DP-EXT (Rev. 04/09) – A Bureau of Retirement Calculations form; added to the end of paragraph one, the following sentence:
“Participation in the DROP does not guarantee my employment for the DROP period.” (Statutory authority, Section 121.091(13), F.S.); deletes from sentence two of paragraph one, “and be employed on a contractual basis for each year of participation” as employment on a contractual basis is not a requirement of DROP extension (Section 121.090(13)(b), F.S.).
8. SA-1 (Rev. 01/10) – A Bureau of Retirement Calculations form; substantially revised to require member’s notarized signature in box 1 acknowledging his or her marital status and requires notarization of the spousal acknowledgement in box 2 if the member selected Option 1 or 2 and is married.
9. FST-11g (Rev. 03/10) – A Bureau of Benefit Payments form; substantially revised to incorporate the DROLL form into the FST-11g form therein making the DROLL form obsolete. The FST-11g is further amended to allow a non-spousal beneficiary of a deceased DROP participant to rollover the decedent’s DROP account as the beneficiary into an Inherited Individual Retirement in accordance with s. 402(c)(11), Internal Revenue Code.
10. DIS-1 (Rev 03/07) – A Bureau of Benefit Payments form; revised to amend the instructions to ensure proper completion of the form.
11. DP-TERM (Rev. 04/10) – A Bureau of Benefit Payments form; revised to reflect the changes to the definition of termination from one month to 6 months effective July 1, 2010 in accordance with Section 121.021(39), F.S.
12. DP-PAYT (Rev. 03/10) – A Bureau of Benefit Payments form; revised to consolidate the DP-PAYT-RMD form and the DP-PAYT form onto one form therein eliminating the need for a separate DP-PAYT form for those subject to the Required Minimum Distribution (RMD) when terminating DROP.
13. DIS-2 (Rev. 03/07) – A Bureau of Benefit Payments form; revised the instruction page of the form to ensure proper completion of the form.
14. DIS-3 (Rev. 03/07) – A Bureau of Benefit Payments form; revised the instruction page of the form to ensure proper completion of the form.
15. PR-11o (Rev. 01/10) – A Bureau of Benefit Payments form; deleted the spousal acknowledge section from the form which has now been incorporated into the revised SA-2 form contained herein and adds the statement to the PR-11o, “Please complete Form SA-2.
(3) The three Division forms deleted from rule are:
1. WC-1, a Bureau of Retirement Calculations form; deleted from rule as this form is not used by the public and is not required to be promulgated in rule.
2. FC-1, a Bureau of Retirement Calculations form; deleted from rule as this form is not used by the public and is not required to be promulgated in rule.
3. DROLL, a Bureau of Benefit Payments form, deleted from rule as this form is now obsolete.
(4) The one Division form listed incorrectly under the wrong bureau in rule is:
1. FR-SUSORP (Rev 08/07) – This form was inadvertently and incorrectly listed in Rule as a Bureau of Enrollment and Contributions form and should be listed as a Bureau of Retirement Calculations form.
(5) The two previously promulgated forms wherein the dates of the forms promulgated were inadvertently omitted from rule are:
1. DP-TEOC-2 (10/07) – A bureau of Benefit Payments form 
2. DP-TEOC-3 (10/07) – A bureau of Benefit Payments form
(6) The typographical correction is made to the MF-1 form listing (paragraph 60S-9.001(2)(f), F.A.C., adding a closing parenthesis to the revision date.
(7) The one obsolete State Board of Administration Enrollment and Election form deleted from rule is:
1. SMS-4 – Chapter 2005-205, Laws of Florida, provided a one-time only, six-month enrollment window from January 1, 2006 through June 30, 2006 to rejoin the Florida Retirement System (FRS) for any actively employed local government senior manager who withdrew from the FRS completely.
(8) The list of all State Board of Administration Enrollment forms has been revised to reflect the rule under which each form has been adopted by reference wherein such reference in will include the revision date of the form and deletes such revision date of the form from this listing in rule.

SUBJECT:

Forms.

RULEMAKING AUTHORITY:

121.031, 121.4501 FS.

LAW:

1.01, 112.215, 112.361, 112.363, 120.55, 121.011, 121.015, 122.021, 121.031(2), 121.051, 121.0515, 121.053, 121.081, 121.091, 121.111, 121.115, 121.1122, 121.121, 121.125, 121.35, 121.4501, 121.591, 122.08, 122.09, 215.28, 238.05, 238.06, 238.07, 689.21, 1012.01 FS.

PRINT PUBLISH DATE:

6/18/2010 Vol. 36/24

RELATED STATUTES
AND LAWS:

121.031, 121.4501 FS., 1.01, 112.215, 112.361, 112.363, 120.55, 121.011, 121.015, 122.021, 121.031(2), 121.051, 121.0515, 121.053, 121.081, 121.091, 121.111, 121.115, 121.1122, 121.121, 121.125, 121.35, 121.4501, 121.591, 122.08, 122.09, 215.28, 238.05, 238.06, 238.07, 689.21, 1012.01 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=60S-9.001&PDate=6/18/2010&Section=1

REFERENCE MATERIALS:

No reference(s).

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