Fla. Admin. Code R. 60S-4.008

Current through Reg. 50, No. 244; December 17, 2024

Section 60S-4.008 - Benefits Payable Upon Death

(1)

(a) If the death of an FRS Pension Plan member occurs, other than in-line-of-duty, prior to the member becoming vested, the member's designated beneficiary shall receive a refund of the member's accumulated contributions, except as provided in subsection 60S-2.010(4), F.A.C., and shall make application to the Division for such refund on Form FST-11g effective 12/15, http://www.flrules.org/Gateway/reference.asp?No=Ref-06736, Florida Retirement System Pension Plan Application of Beneficiary for Benefit Payment, herein adopted by reference, which may be obtained by calling the Division Toll Free at (844)377-1888, if calling from 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) If the death of a State and County Officers' and Employees' Retirement System member occurs prior to the member meeting the requirements for retirement under chapter 122, F.S., other than for a high-hazard member killed in the line of duty as provided in section 122.34(6), F.S., the member's designated beneficiary shall only receive a refund of the member's accumulated contributions as provided in section 122.12, F.S., and shall make application to the Division for such refund on Form FST-11g, Florida Retirement System Pension Plan Application of Beneficiary for Benefit Payment as adopted in paragraph (a).

(c)

1. If the death of a Teachers' Retirement System member occurs prior to the member obtaining 10 years of creditable service, the member's designated beneficiary shall receive a refund of the member's accumulated contributions as provided in section 238.07, F.S., and shall make application to the Division for such refund on Form FST-11g, Florida Retirement System Pension Plan Application of Beneficiary for Benefit Payment as adopted in paragraph (a).

2. In addition, survivor benefits may be payable in accordance with section 238.07(18), F.S. Survivors meeting the eligibility criteria for such benefits as provided in section 238.07(18), F.S., shall make application to the Division on Form TR-11c (Rev. 12/02), https://www.flrules.org/Gateway/reference.asp?No=Ref-00383, Teachers' Retirement System Application for Survivor Benefits herein incorporated by reference, which may be obtained by calling the Division Toll Free at (844)377-1888, if calling from 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. An unmarried surviving dependent child of the deceased member over 18 years of age but not over 22 years of age and enrolled as a student in an accredited education institution meeting the eligibility criteria for survivor benefits under section 238.07(18), F.S., shall also be required to submit the information in paragraph (d) to the Division for survivor benefit eligibility determination.

(d) An unmarried dependent child of a deceased member who is over the age 18 must submit the following documents:

a. An acceptance letter from an accredited educational institution or Form SRF-2, effective 07/16, http://www.flrules.org/Gateway/reference.asp?No=Ref-07584, Florida Retirement System Student Report Form, herein adopted by reference, which may be obtained by calling the Division Toll Free at (844)377-1888, if calling from 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, completed by the accredited educational institution; and,

b. A completed Form SRF-3, effective 07/16, http://www.flrules.org/Gateway/reference.asp?No=Ref-07586, Florida Retirement System Authorization for Release of Information, herein adopted by reference, which may be obtained by calling the Division Toll Free at (844)377-1888, if calling from 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; and,

c. A completed Form SVF-2, effective 07/16, http://www.flrules.org/Gateway/reference.asp?No=Ref-07585, Florida Retirement System Affidavit Attesting to Eligibility for Monthly Retirement Benefits, herein adopted by reference, which may be obtained by calling the Division Toll Free at (844)377-1888, if calling from 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.

(2)

(a) If the death of an FRS Pension Plan member occurs other than in-line-of-duty after he or she has become vested, but prior to his or her effective date of retirement as provided in subsection 60S-4.0035(3), F.A.C., the following shall apply:

1. If the member's designated beneficiary is not his or her spouse or other dependent who qualifies as a joint annuitant, the Division shall refund the member's accumulated contributions to the member's designated beneficiary; or

2. If a member's designated beneficiary qualifies as joint annuitant (spouse or other dependent) the following shall apply:

a. The joint annuitant may elect to receive a refund of the member's accumulated contributions; or

b. The joint annuitant may elect to receive a monthly benefit calculated as if the member had terminated and retired as of his or her date of death (i.e., with benefits payable effective the first of the month following the member's death) and paid in accordance with Option 3 of paragraph 60S-4.010(1)(c), F.A.C.; or

c. The joint annuitant may elect to receive a deferred monthly benefit calculated on the age the member would have attained at the date the benefit commences and the age of the joint annuitant on the date the benefit commences and paid in accordance with Option 3 in paragraph 60S-4.010(1)(c), F.A.C.

d. If the member's joint annuitant dies without having received in benefits an amount equal to the member's accumulated contributions, the Division shall pay to the joint annuitant's estate an amount equal to the excess of the member's accumulated contributions over the total benefits received by the joint annuitant.

(b) If the death of a State and County Officers' and Employees' Retirement System member occurs other than for a high hazard member killed in the line of duty, after he or she has met the requirements for retirement under chapter 122, F.S., but prior to his or her effective date of retirement as provided in subsection 60S-4.0035(3), F.A.C., the surviving spouse shall be entitled to receive either the accumulated contributions of such officer or employee at the date of death or the monthly retirement benefit in accordance with section 122.08(9), F.S.

1. The surviving spouse may make application to the Division for a refund of the accumulated contributions on Form FST-11g, Florida Retirement System Pension Plan Application of Beneficiary for Benefit Payment as adopted in subsection (1); or

2. The surviving spouse may make application to the Division for monthly retirement benefits on Form FST-11b, Florida Retirement System Pension Plan Application of Beneficiary for Monthly Retirement Benefits as adopted in rule 60S-4.0035, F.A.C.

(c)

1. If the death of a Teachers' Retirement System member occurs after having completed 10 years of creditable, but prior to his or her effective date of retirement as provided in subsection 60S-4.0035(3), F.A.C., the surviving spouse, regardless of the member's designated beneficiary, may elect to receive an option three monthly retirement benefit as provided in section 238.08(3), F.S. If the designated beneficiary is the surviving spouse, then the surviving spouse shall have the option of receiving the accumulated contributions of such officer or employee at the date of death in lieu of the option three monthly benefit in accordance with section 238.08(3), F.S.

a. The beneficiary may make application to the Division for a refund of the accumulated contributions on Form FST-11g, Florida Retirement System Pension Plan Application of Beneficiary for Benefit Payment as adopted in subsection (1);

b. The surviving spouse may make an application to the Division for monthly retirement benefits on Form FST-11b, Florida Retirement System Pension Plan Application of Beneficiary for Monthly Retirement Benefits as adopted in rule 60S-4.0035, F.A.C.

2. In addition, survivor benefits may be payable to the beneficiaries of a deceased member as provided in section 238.07(18), F.S., and such beneficiaries shall make application to the Division for these benefits on as provided in subparagraph 60S-4.008(1)(c) 2., F.A.C.

(3) If the death of an FRS Pension Plan member occurs, other than in-line-of-duty, on or after his or her effective date of retirement, as provided in subsection 60S-4.0035(3), F.A.C., but prior to a benefit payment being cashed or deposited, the following shall apply:

(a) If the member's designated beneficiary is not his or her spouse or other dependent who qualifies as a joint annuitant, any benefits payable shall be paid in accordance with the option selected by the member; or if the member had not yet selected an option, benefits shall be paid as provided in subparagraph 60S-4.010(6)(c) 1., F.A.C.

(b) If the member's designated beneficiary qualifies as a joint annuitant, as defined in Rule 60S-6.001, F.A.C., benefits shall be paid under option 3 as provided in paragraph 60S-4.008(2)(b), F.A.C.; or if the member had selected option 2, the joint annuitant may choose to receive benefits paid under either option 3, or option 2 as provided in paragraph 60S-4.010(1)(b), F.A.C.

(4) Upon the death of a retired FRS member, joint annuitant, or beneficiary who is receiving monthly benefits, the benefits will be paid as follows:

(a) The monthly benefit shall be paid through the last day of the month of death and shall terminate, or be adjusted, if applicable, as of such date in accordance with the optional form of retirement benefit selected by the member at his or her date of retirement.

(b) The monthly payment made in the month of death shall be reissued to the estate of the deceased payee when the Division is advised of the death of the payee before the benefit payment is deposited or cashed. Any monthly benefits payable beyond the month of death shall be issued to the designated beneficiary.

(c) Payments to a guardian of a child receiving retirement benefits under the Florida Retirement System or any existing system shall cease when the child reaches the age of majority unless the guardian provides evidence that the continued guardianship is required.

(d) If the deceased member's joint annuitant dies without having received in benefits all remaining accumulated contributions made by the member and not received by the member before his or her death, the Division shall pay to the deceased joint annuitant's estate an amount equal to the excess of the member's accumulated contributions over the total benefits received by the member and/or the joint annuitant.

(e) Deductions from monthly benefits for payments to an alternate payee for Qualified Domestic Relations Orders (QDRO) or Income Deduction Orders (IDO) in the month of death shall be paid to the alternate payee. Deductions from monthly benefits for Internal Revenue Service (IRS) levies in the month of death shall be paid to the IRS. Any overpayment (received by the IRS or an alternate payee) in months after the month of the member's death shall be collected by the Division for repayment to the Florida Retirement System Trust Fund.

(5) If the designated beneficiary of a retirement account under the Florida Retirement System Pension Plan wishes to refuse his or her interest in such account, he or she shall disclaim such interest as provided in chapter 739, F.S., as follows:

(a) If there is no designated beneficiary or if all designated beneficiaries are deceased or have disclaimed their interest in the account, the beneficiaries shall be determined as provided in subsection 60S-4.011(2), F.A.C. When a beneficiary disclaims his or her interest in an account, he or she shall be considered to have predeceased the member. The next beneficiary designated by the member or as stated in subsection 60S-4.011(2), F.A.C., as applicable, may then accept or disclaim any interest to which he or she is entitled. A beneficiary cannot disclaim in favor of a particular individual who is not the next designated beneficiary.

(b) Any such beneficiary may disclaim his or her interest in the retirement account of a nonretired member as provided in subsection 60S-4.008(1) and (2), F.A.C., or of a member retired under option 1 or option 2 as provided in subsection 60S-4.009(2) or paragraph 60S-4.010(1)(b), F.A.C., respectively.

(c) Such beneficiary may disclaim his or her interest in such member's retirement account whether or not the beneficiary is entitled to any monetary benefit from the account (refund or monthly benefit).

(d) If joint beneficiaries are named and only one qualifies as joint annuitant, the nondependent beneficiary may disclaim his or her interest, allowing the remaining joint annuitant to receive the full benefit payable.

(e) Disclaimers must be filed within 24 months after the event that created the interest, that is, the death of the member or annuitant. Such disclaimer must be submitted to the Division on Form DIS-1 (Rev. 03/07), http://www.flrules.org/Gateway/reference.asp?No=Ref-00346, Florida Retirement System Pension Plan Disclaimer of Benefits, if the disclaimer is by a surviving beneficiary; or on Form DIS-2 (Rev. 03/07), http://www.flrules.org/Gateway/reference.asp?No=Ref-00347, Florida Retirement System Pension Plan Disclaimer of Benefits, if the disclaimer is by a surviving child; or on Form DIS-3 (Rev. 03/07), http://www.flrules.org/Gateway/reference.asp?No=Ref-00348, Florida Retirement System Pension Plan Disclaimer of Benefits, if the disclaimer is by a surviving beneficiary and child. All such disclaimer forms are herein adopted by reference and may be obtained by calling the Division Toll Free at (844)377-1888, if calling from 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.

(6) For the purpose of determining the eligibility of a joint annuitant under paragraphs (2)(b) and (3)(b), for whom financial dependency is required as provided in paragraphs 60S-6.001(36)(b) and (c), F.A.C., the member must have provided at least one-half of the joint annuitant's total support for the 12 months immediately preceding the member's death. This determination shall be made by first calculating the joint annuitant's total support for the period from all sources, as defined in subsection 60S-6.001(66), F.A.C.; and then determining the amount of such support provided by the member. The member's portion of such support must equal at least one-half of the total amount.

(7) Effective January 1, 2007, for a member who dies while on a military leave of absence as described in section 121.111(1), F.S., that is subject to USERRA as described in Internal Revenue Code section 414(u), the beneficiary shall be eligible for survivor benefits payable under section 121.091(7), F.S., excluding in-line-of-duty survivor benefits, or under section 121.091(13), F.S., if participating in the Deferred Retirement Option Program, as if the member returned to covered employment the day before the death occurs, in accordance with Internal Revenue Code section 401(a)(37).

Fla. Admin. Code Ann. R. 60S-4.008

Rulemaking Authority 121.031 FS. Law Implemented 121.021(14), 121.055, 121.091(7) FS.

New 1-1-72, Amended 10-20-72, 12-31-74, 7-21-75, 8-26-81, Formerly 22B-4.08, Amended 2-6-84, 1-12-87, 2-7-89, 9-5-90, 5-15-91, 11-14-91, Formerly 22B-4.008, Amended 3-18-93, 1-25-94, 8-4-94, 12-12-96, 5-10-99, 8-13-03, 4-5-12, 1-20-14, Amended by Florida Register Volume 42, Number 081, April 26, 2016 effective 5/12/2016, Amended by Florida Register Volume 42, Number 235, December 6, 2016 effective 12/18/2016, Amended by Florida Register Volume 44, Number 114, June 12, 2018 effective 6/28/2018.