Fla. Admin. Code R. 60S-1.005
(3) Application. – The following procedures shall govern applications for Special Risk Class membership:
(a) Application procedures for officers and employees of state agencies.
1. Applying the requirements for Special Risk Class membership in subsection (2), the Department of Management Services shall specify those classes of positions established by the Division of Human Resource Management which shall be included in the Special Risk Class. The incumbents of such positions shall be entitled to Special Risk Class membership. If a class is not specified by the Department of Management Services, the employing agency may petition the State Retirement Commission for inclusion of a particular class among those specified as provided in Section 121.0515(3)(b), F.S.
2. Each state agency utilizing positions specified in subparagraph 1. shall submit the appropriate position class code on the Monthly Retirement Report, for each officer and employee who fills a position so specified.
3. The effective date of Special Risk Class membership for newly employed officers and employees who have been verified by the employing state agency and who are certified or required to be certified by the appropriate council or commission shall be the date of employment in a position specified as Special Risk Class as provided in subparagraph 1. Special Risk Class contributions shall begin at that time.
a. If a Regular Class member becomes employed in a Special Risk Class position or a position is reclassified as a Special Risk Class position, the effective date of Special Risk Class membership shall be the first day of the month in which the employee assumes the Special Risk Class position or the position is reclassified. Special Risk Class contributions shall be payable effective with the first salary paid on or after the first day of the month of Special Risk Class coverage.
b. If a Special Risk Class member changes to another position classified as Special Risk Class within the same set of criteria (e.g., a corrections officer I changing to a corrections officer II position), the employer shall submit the appropriate position class code for the new position on the Monthly Retirement Report.
c. If a Special Risk Class member changes to a Special Risk Class position under a different set of criteria (e.g., a transfer from law enforcement to a firefighter or correctional position), his or her employer shall submit the appropriate position class code for the new position on the Monthly Retirement Report.
(b) Application procedures for officers and employees of county agencies, district school boards, community colleges, and participating cities, independent special districts, metropolitan planning organizations, public charter schools or charter technical career centers, and those classified by the Judicial Administrative Classification Plan and the Department of Lottery.
(IV) Florida Retirement System Application for Special Risk Class Membership for Forensic Discipline effective July 1, 2008, Form FRS-415 (05/08) HYPERLINK "http://www.flrules.org/Gateway/reference.asp?No=Ref-00327" http://www.flrules.org/Gateway/reference.asp?No=Ref-00327, 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 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.
b. A current job description of the member’s duties showing the percentage of time spent performing each duty.
c. A copy of a personnel action form showing the effective date of membership in that position.
d. Organization chart including the applicant’s position for any members applying under supervisory criteria.
2. If the employer refuses to submit the member’s application to the Division, the employer shall notify the member of the refusal, together with the employer’s reasons for refusal. The member may then appeal this refusal to the State Retirement Commission pursuant to Section 121.0515(4)(a), F.S.
3. Upon receipt of the completed application, which shall include all of the items designated in subparagraph 1. above, the Division shall within 90 days determine if the member and the member’s position meets the requirements for Special Risk Class membership set forth in subsection (2). If the requirements for Special Risk Class membership are met, the Division shall approve the member for Special Risk Class membership which shall commence as follows:
a. When a newly employed member’s complete application is received by the Division of Retirement, the effective date of membership in the Special Risk Class shall be the date of employment in the approved position and Special Risk Class contributions shall be payable from that time.
b. If a Regular Class member changes to a Special Risk Class position within the employing agency and, upon submitting the complete Special Risk Class application, he or she is approved for Special Risk Class membership, the member shall have Special Risk Class coverage effective the first day of the month in which the employee assumes the Special Risk Class position. Special Risk Class contributions shall be payable effective with the first salary paid on or after the first day of the month of Special Risk Class coverage.
c. If a Special Risk Class member changes to another position within the same agency that is not an approved Special Risk Class position, or is employed with a new agency, the member must submit a complete application as provided in sub-subparagraph (3)(b)1.a. to the Division of Retirement.
d. If a Special Risk Class member changes to an approved Special Risk Class position, the employer shall submit the appropriate position class code for the new position on the Monthly Retirement Report.
e. If a Special Risk Class member changes to a Special Risk Class position under a different set of membership criteria (e.g., a transfer from law enforcement to a firefighter or correctional officer position), the member must submit a complete application for Special Risk Class membership, except that the employer of such officer who changes to an approved Special Risk Class position must submit only the appropriate position class code for the new position on the Monthly Retirement Report for such member.
4. Within 90 days of receipt of the application, the Division shall determine whether or not the member and the member’s position meet the requirements for Special Risk Class membership. If it is determined that the member or the member’s position does not meet the requirements, the Division shall notify the member by certified mail, with a copy to his or her employer, of the Administrator’s intended decision to disapprove the member’s application for Special Risk Class membership. This notice shall include a summary of the factual, legal and policy grounds for the intended decision.
a. When a member receives notice that the Administrator intends to deny his or her application for Special Risk Class membership, the member shall have 21 calendar days to present written evidence or objections challenging the grounds upon which the Administrator has based his or her intended decision.
b. If the Administrator overrules the objections of the member, the Administrator shall within 21 calendar days provide a written final decision on the merits to the member by certified mail with a copy to the member’s employer, giving the reasons for his or her final decision.
c. If the member does not accept the Administrator’s final decision on the merits, the member may request in writing, pursuant to Section 121.23, F.S., Chapter 60R-1, F.A.C., and the Uniform Rules in Rule Chapter 28-106, F.A.C., a hearing on the denial of his or her application for Special Risk Class membership before the State Retirement Commission pursuant to Sections 120.569 and 120.57(1), F.S. Such request shall be filed with the Commission within 21 calendar days from the date the member receives notice of the Administrator’s final decision.
d. The decisions of the State Retirement Commission on matters brought before it under this paragraph shall be final agency action.
e. The decisions of the State Retirement Commission shall be reviewable by the District Court of Appeal pursuant to Section 121.23, F.S.
5. A member who receives a final affirmative ruling on his or her appeal for Special Risk Class membership shall have Special Risk Class membership retroactive to the date such member would have had Special Risk Class membership had such membership been approved by the employer and the Division, as determined by the Division; and the employer contributions shall be paid in full within one year of such final ruling.
1. Any Regular Class member who feels that he or she meets the requirements for Special Risk Class membership set forth in subsection (2) may request that his or her employer submit an application to the Division requesting that the Division designate him or her as a Special Risk Class member. Such member shall complete the employee portions of the appropriate Special Risk Class application. The employer shall promptly certify and submit to the Division the following documents:
a. The appropriate Florida Retirement System Application for Special Risk Class Membership.
(6) Retroactive Special Risk Class Coverage. – A Special Risk Class member who was removed from the Special Risk Class effective October, 1978 solely because he or she did not possess the certification required in Rule 60S-1.0051, 60S-1.0052, or 60S-1.0053, F.A.C., may receive Special Risk Class credit for this period during which he or she was removed, provided:
Rulemaking Authority 121.031, 121.0515, 121.4501(8)(a) FS. Law Implemented 121.021(15), 121.051, 121.0515, 121.23 FS. History–New 1-1-72, Amended 10-20-72, 12-31-74, 8-9-76, 1-16-77, 10-2-78, 1-19-82, 9-9-82, 11-6-84, 4-17-85, Formerly 22B-1.05, Amended 2-7-89, 11-14-91, Formerly 22B-1.005, Amended 1-25-94, 9-17-03, 4-5-12.