(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:
Position
Effective date
    (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.
February 1, 1987 and after January 1, 1990
    (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.

    (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.
January 1, 1990
    (d) Certain State University System positions as follows:
• State University System Executive Service positions.
State university presidents.
January 1, 1991
    (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.
January 1, 1991
    (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.
January 1, 1994
Chief Deputy Court Administrator
June 1, 2002
    (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.
July 1, 1996
    (h) Judges of compensation claims within the Department of Labor and Employment Security.
July 1, 1999
    (i) Assistant state attorneys, assistant statewide prosecutors, assistant public defenders, and assistant capital collateral regional counsels.
January 1, 2001
    (j) Assistant attorneys general.
January 1, 2002
    (k) Executive directors or staff directors of Metropolitan Planning organization participating in the FRS.
July 1, 2007
    (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 Fl. Admin. Code R. 19-11.006 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 Fl. Admin. Code R. 60S-1.0057(1)(d), 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 Florida Statutes § 121.051, 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 Fl. Admin. Code R. 19-11.006 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 Fl. Admin. Code R. 19-11.006, 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 Fl. Admin. Code R. 19-11.006, 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.
Rulemaking Authority 121.031, 121.4501(8) FS. Law Implemented 121.051, 121.055 FS. History-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.