The Florida Senate

175.021  Legislative declaration.

175.032  Definitions.

175.041  Firefighters' Pension Trust Fund created; applicability of provisions.

175.051  Actuarial deficits not state obligation.

175.061  Board of trustees; members, terms of office.

175.071  General powers and duties of board of trustees.

175.081  Use of annuity or insurance policies.

175.091  Creation and maintenance of fund.

175.101  State excise tax on property insurance premiums authorized; procedure.

175.111  Certified copy of ordinance or resolution filed; insurance companies' annual report of premiums; duplicate files; book of accounts.

175.121  Department of Revenue and Division of Retirement to keep accounts of deposits; disbursements.

175.1215  Police and Firefighters' Premium Tax Trust Fund.

175.122  Limitation of disbursement.

175.131  Funds received by municipality or special fire control district; deposit in firefighters' pension trust fund.

175.141  Payment of excise tax credit on similar state excise or license tax.

175.151  Penalty for failure of insurers to comply with this act.

175.152  Contributions.

175.162  Requirements for retirement.

175.171  Optional forms of retirement income.

175.181  Beneficiaries.

175.191  Disability retirement.

175.201  Death prior to retirement; refunds of contributions; death benefits.

175.211  Separation from service; refunds.

175.221  Lump-sum payment of small retirement income.

175.231  Diseases of firefighters suffered in line of duty; presumption.

175.241  Exemption from execution.

175.251  Employment records required to be kept by secretary of board of trustees.

175.261  Annual report to Division of Retirement; actuarial reports.

175.291  Attorney for municipality or special fire control district to represent board of trustees upon request; option to employ independent counsel and other persons.

175.301  Depository for pension funds.

175.311  Municipalities, special fire control districts, and boards independent of each other.

175.321  Application of ss. 175.101-175.121, 175.131-175.151.

175.331  Rights of firefighters under former law.

175.333  Discrimination in benefit formula prohibited.

175.341  Duties of Division of Retirement; rulemaking authority; investments by the State Board of Administration.

175.351  Municipalities and special fire control districts having their own pension plans for firefighters.

175.361  Termination of plan and distribution of fund.

175.371  Transfer to another state retirement system; benefits payable.

175.381  Applicability of ch. 86-41.

175.391  Costs; attorney's fees.

175.401  Retiree health insurance subsidy.

175.021  Legislative declaration.--It is hereby declared by the Legislature that firefighters, as hereinafter defined, perform state and municipal functions; that it is their duty to extinguish fires, to protect life, and to protect property at their own risk and peril; that it is their duty to prevent conflagration and to continuously instruct school personnel, public officials, and private citizens in the prevention of fires and firesafety; that they protect both life and property from local emergencies as defined in ¹s. 252.34(3); and that their activities are vital to the public safety. It is further declared that firefighters employed by special fire control districts serve under the same circumstances and perform the same duties as firefighters employed by municipalities and should therefore be entitled to the benefits available under this chapter. Therefore, the Legislature declares that it is a proper and legitimate state purpose to provide a uniform retirement system for the benefit of firefighters as hereinafter defined and intends, in implementing the provisions of s. 14, Art. X of the State Constitution as they relate to municipal and special district firefighters' pension trust fund systems and plans, that such retirement systems or plans be managed, administered, operated, and funded in such manner as to maximize the protection of the firefighters' pension trust funds. This chapter hereby establishes minimum standards for the operation and funding of municipal and special district firefighters' pension trust fund systems and plans, hereinafter referred to as firefighters' pension trust funds.

History.--s. 1, ch. 63-249; s. 1, ch. 79-380; s. 7, ch. 83-334; s. 1, ch. 86-41; s. 12, ch. 93-193.

¹Note.--Substituted by the editors for a reference to s. 252.34(2) to conform to renumbering necessitated by the creation of a new subsection (1) by s. 10, ch. 93-211.

175.032  Definitions.--The following words and phrases used in this chapter shall have the following meanings, unless a different meaning is plainly required by the context:

(1)(a)  "Aggregate number of years of service" means the total number of years, and fractional parts of years, of service of any firefighter, omitting intervening years and fractional parts of years, when such firefighter may not be employed by the municipality or special fire control district. However, no firefighter will receive credit for years or fractional parts of years of service for which he or she has withdrawn his or her contributions to the fund for those years or fractional parts of years of service, unless the firefighter repays into the fund the contributions he or she has withdrawn, with interest, within 90 days after reemployment. Further, a firefighter may voluntarily leave his or her contributions in the fund for a period of 5 years after leaving the employ of the fire department, pending the possibility of being rehired by the same department and remaining employed for a period of not less than 3 years, without losing credit for the time he or she has participated actively as a firefighter. If he or she does not remain employed for a period of at least 3 years as a firefighter, with the same department upon reemployment, within 5 years, his or her contributions shall be returned to him or her without interest.

(b)  In determining the aggregate number of years of service of any firefighter, the time spent in the military service of the Armed Forces of the United States, or the United States Merchant Marine, while on official leave of absence in the event of a national emergency, shall be added to the years of actual service. However, credit for such military service shall not exceed 5 years. Further, to receive credit for such service:

1.  The firefighter must return to his or her employment as a firefighter of the municipality or special fire control district within 1 year from the date of release from such active service; and

2.  The firefighter must contribute into the fund the same sum which he or she would have contributed if he or she had remained a firefighter. Further, a request for credit for such military service must be made by the firefighter within 90 days after reentering the service of the fire department from such leave of absence granted, or such military service credit shall be forfeited forever.

(2)(a)  "Average final compensation for a full-time firefighter" means one-twelfth of the average annual compensation of the 5 best years of the last 10 years of creditable service prior to retirement, termination, or death or the career average as a full-time firefighter since July 1, 1953, whichever is greater. A year shall be 12 consecutive months.

(b)  "Average final compensation for a volunteer firefighter" means the average salary of the 10 best contributing years prior to change in status to a permanent full-time firefighter or retirement as a volunteer firefighter or the career average of a volunteer firefighter, since July 1, 1953, whichever is greater.

(3)  "Division" means the Division of Retirement.

(4)  "Enrolled actuary" means an actuary who is enrolled under Subtitle C of Title III of the Employee Retirement Income Security Act of 1974 and who is a member of the Society of Actuaries or the American Academy of Actuaries.

(5)(a)  "Firefighter" means any person employed solely in a constituted fire department of any municipality or special fire control district who is certified as a firefighter as a condition of employment in accordance with the provisions of s. 633.35 and whose duty it is to extinguish fires, to protect life, and to protect property. However, for purposes of this chapter only, "firefighter" also includes public safety officers who are responsible for performing both police and fire services, who are certified as police officers or firefighters, and who are certified by their employers to the Insurance Commissioner and Treasurer as participating in this chapter prior to October 1, 1979. Effective October 1, 1979, public safety officers who have not been certified as participating in this chapter shall be considered police officers for retirement purposes and shall be eligible to participate in chapter 185.

(b)  "Volunteer firefighter" means any person whose name is carried on the active membership roll of a constituted volunteer fire department or a combination of a paid and volunteer fire department of any municipality or special fire control district and whose duty it is to extinguish fires, to protect life, and to protect property. Compensation for services rendered by a volunteer firefighter shall not disqualify him or her as a volunteer. A person shall not be disqualified as a volunteer firefighter solely because he or she has other gainful employment. Any person who volunteers assistance at a fire but is not an active member of a department described herein is not a volunteer firefighter within the meaning of this paragraph.

(6)  "Property insurance" means property insurance as defined in s. 624.604 and covers real and personal property within the corporate limits of any municipality, or within the boundaries of any special fire control district, within the state. "Multiple peril" means a combination or package policy which includes both property and casualty coverage for a single premium.

(7)  "Salary" means the fixed monthly compensation paid a firefighter and where, as in the case of a volunteer firefighter, compensation is derived from actual services rendered, salary shall be the total cash compensation received yearly for such services, prorated on a monthly basis.

(8)  "Special fire control district" means a special district, as defined in s. 189.403(1), established for the purposes of extinguishing fires, protecting life, and protecting property within the incorporated or unincorporated portions of any county or combination of counties, or within any combination of incorporated and unincorporated portions of any county or combination of counties. The term does not include any dependent or independent special district, as defined in s. 189.403(2) and (3), respectively, the employees of which are members of the Florida Retirement System pursuant to s. 121.051(1) or (2).

History.--s. 1, ch. 63-249; s. 2, ch. 79-380; s. 1, ch. 79-388; s. 1, ch. 81-168; s. 2, ch. 86-41; s. 13, ch. 93-193; s. 918, ch. 95-147; s. 13, ch. 95-154.

175.041  Firefighters' Pension Trust Fund created; applicability of provisions.--

(1)  There is hereby created a special fund to be known as the "Firefighters' Pension Trust Fund," exclusively for the purpose of this chapter, in each municipality and each special fire control district of this state heretofore or hereafter created which now has or which may hereafter have a constituted fire department or an authorized volunteer fire department, or any combination thereof, and which municipality or special fire control district does not presently have established by law, special law, or local ordinance a similar fund.

(2)  To qualify as a fire department or volunteer fire department or combination thereof under the provisions of this chapter, the department shall own and use apparatus for the fighting of fires that is in compliance with National Fire Protection Association Standards for Automotive Fire Apparatus.

(3)  The provisions of this chapter shall apply only to municipalities organized and established pursuant to the laws of the state and to special fire control districts, and said provisions shall not apply to the unincorporated areas of any county or counties except with respect to special fire control districts that include unincorporated areas, nor shall the provisions hereof apply to any governmental entity whose employees participate in the Florida Retirement System. Special fire control districts that include, or consist exclusively of, unincorporated areas of one or more counties may levy and impose the tax and participate in the retirement programs enabled by this chapter.

(4)  No municipality shall establish more than one retirement plan for public safety officers which is supported in whole or in part by the distribution of premium tax funds as provided by this chapter or chapter 185, nor shall any municipality establish a retirement plan for public safety officers which receives premium tax funds from both this chapter and chapter 185.

History.--s. 1, ch. 63-249; s. 1, ch. 65-153; ss. 2, 3, ch. 79-380; s. 1, ch. 79-388; s. 14, ch. 93-193.

175.051  Actuarial deficits not state obligation.--Actuarial deficits, if any, arising under this act, shall not be the obligation of the state.

History.--s. 1, ch. 63-249.

175.061  Board of trustees; members, terms of office.--

(1)  In each municipality and in each special fire control district there is hereby created a board of trustees of the firefighters' pension trust fund, which shall be solely responsible for administering the trust fund. Effective October 1, 1986, and thereafter, the board of trustees shall consist of five members, two of whom, unless otherwise prohibited by law, shall be legal residents of the municipality or special fire control district, who shall be appointed by the governing body of the municipality or special fire control district, and two of whom shall be full-time firefighters as defined in s. 175.032 who shall be elected by a majority of the firefighters who are members of such plan. The fifth member shall be chosen by a majority of the previous four members as provided for herein, and such person's name shall be submitted to the governing body of the municipality or special fire control district. Upon receipt of the fifth person's name, the governing body of the municipality or special fire control district shall, as a ministerial duty, appoint such person to the board of trustees as its fifth member. The fifth member shall have the same rights as each of the other four members appointed or elected as herein provided and may succeed himself or herself in office. Each resident member shall serve as trustee for a period of 2 years, unless sooner replaced by the governing body at whose pleasure he or she shall serve, and may succeed himself or herself as a trustee. Each firefighter member shall serve as trustee for a period of 2 years, unless he or she sooner leaves the employment of the municipality or special fire control district as a firefighter, whereupon a successor shall be chosen in the same manner as an original appointment. Each firefighter may succeed himself or herself in office. The board of trustees shall meet at least quarterly each year. Each board of trustees shall be a legal entity with, in addition to other powers and responsibilities contained herein, the power to bring and defend lawsuits of every kind, nature, and description.

(2)  The trustees shall by a majority vote elect a chair and a secretary. The secretary of the board shall keep a complete minute book of the actions, proceedings, or hearings of the board. The trustees shall not receive any compensation as such, but may receive expenses and per diem as provided by law.

History.--s. 1, ch. 63-249; s. 2, ch. 81-168; s. 3, ch. 86-41; s. 15, ch. 93-193; s. 919, ch. 95-147.

175.071  General powers and duties of board of trustees.--For any municipality, special fire control district, chapter plan, local law municipality, local law special fire control district, or local law plan under this chapter:

(1)  The board of trustees may:

(a)  Invest and reinvest the assets of the firefighters' pension trust fund in annuity and life insurance contracts of life insurance companies in amounts sufficient to provide, in whole or in part, the benefits to which all of the participants in the firefighters' pension trust fund shall be entitled under the provisions of this chapter and pay the initial and subsequent premiums thereon.

(b)  Invest and reinvest the assets of the firefighters' pension trust fund in:

1.  Time or savings accounts of a national bank, a state bank insured by the Bank Insurance Fund, or a savings, building, and loan association insured by the Savings Association Insurance Fund which is administered by the Federal Deposit Insurance Corporation or a state or federal chartered credit union whose share accounts are insured by the National Credit Union Share Insurance Fund.

2.  Obligations of the United States or obligations guaranteed as to principal and interest by the government of the United States.

3.  Bonds issued by the State of Israel.

4.  Bonds, stocks, or other evidences of indebtedness issued or guaranteed by a corporation organized under the laws of the United States, any state or organized territory of the United States, or the District of Columbia, provided:

a.  The corporation is listed on any one or more of the recognized national stock exchanges and, in the case of bonds only, holds a rating in one of the three highest classifications by a major rating service; and

b.  The board of trustees shall not invest more than 5 percent of its assets in the common stock or capital stock of any one issuing company, nor shall the aggregate investment in any one issuing company exceed 5 percent of the outstanding capital stock of that company or the aggregate of its investments under this subparagraph at cost exceed 50 percent of the assets of the fund.

This paragraph shall apply to all boards of trustees and participants. However, in the event that a municipality or special fire control district has a duly enacted pension plan pursuant to, and in compliance with, s. 175.351, and the trustees thereof desire to vary the investment procedures herein, the trustees of such plan shall request a variance of the investment procedures as outlined herein only through a municipal ordinance, special act of the Legislature, or resolution by the governing body of the special fire control district; where a special act, or a municipality by ordinance adopted prior to July 1, 1998, permits a greater than 50-percent equity investment, such municipality shall not be required to comply with the aggregate equity investment provisions of this paragraph. Notwithstanding any other provision of law to the contrary, nothing in this section may be construed to take away any preexisting legal authority to make equity investments that exceed the requirements of this paragraph. The board of trustees may invest up to 10 percent of plan assets in foreign securities.

(c)  Issue drafts upon the firefighters' pension trust fund pursuant to this act and rules and regulations prescribed by the board of trustees. All such drafts shall be consecutively numbered, be signed by the chair and secretary, and state upon their faces the purpose for which the drafts are drawn. The treasurer or depository of each municipality or special fire control district shall retain such drafts when paid, as permanent vouchers for disbursements made, and no money shall be otherwise drawn from the fund.

(d)  Convert into cash any securities of the fund.

(e)  Keep a complete record of all receipts and disbursements and of the board's acts and proceedings.

(2)  Any and all acts and decisions shall be effectuated by vote of a majority of the members of the board; however, no trustee shall take part in any action in connection with the trustee's own participation in the fund, and no unfair discrimination shall be shown to any individual firefighter participating in the fund.

(3)  The board's action on all claims for retirement under this act shall be final, provided, however, that the rules and regulations of the board have been complied with.

(4)  The secretary of the board of trustees shall keep a record of all persons receiving retirement payments under the provisions of this chapter, in which shall be noted the time when the pension is allowed and when the pension shall cease to be paid. In this record, the secretary shall keep a list of all firefighters employed by the municipality or special fire control district. The record shall show the name, address, and time of employment of such firefighters and when they cease to be employed by the municipality or special fire control district.

(5)  The sole and exclusive administration of, and the responsibilities for, the proper operation of the firefighters' pension trust fund and for making effective the provisions of this chapter are vested in the board of trustees; however, nothing herein shall empower a board of trustees to amend the provisions of a retirement plan without the approval of the municipality or special fire control district. The board of trustees shall keep in convenient form such data as shall be necessary for an actuarial valuation of the firefighters' pension trust fund and for checking the actual experience of the fund.

(6)(a)  At least once every 3 years, the board of trustees shall retain a professionally qualified independent consultant who shall evaluate the performance of any existing professional money manager and shall make recommendations to the board of trustees regarding the selection of money managers for the next investment term. These recommendations shall be considered by the board of trustees at its next regularly scheduled meeting. The date, time, place, and subject of this meeting shall be advertised in the same manner as for any meeting of the board.

(b)  For purposes of this subsection, the term "professionally qualified independent consultant" means a consultant who, based on education and experience, is professionally qualified to evaluate the performance of professional money managers, and who, at a minimum:

1.  Provides his or her services on a flat-fee basis.

2.  Is not associated in any manner with the money manager for the pension fund.

3.  Makes calculations according to the American Banking Institute method of calculating time-weighted rates of return. All calculations must be made net of fees.

4.  Has 3 or more years of experience working in the public sector.

(7)  To assist the board in meeting its responsibilities under this chapter, the board, if it so elects, may:

(a)  Employ independent legal counsel at the pension fund's expense.

(b)  Employ an independent actuary, as defined in ¹s. 175.032(6), at the pension fund's expense.

(c)  Employ such independent professional, technical, or other advisers as it deems necessary at the pension fund's expense.

If the board chooses to use the municipality's or special district's legal counsel or actuary, or chooses to use any of the municipality's or special district's other professional, technical, or other advisers, it must do so only under terms and conditions acceptable to the board.

History.--s. 1, ch. 63-249; s. 1, ch. 65-365; ss. 22, 35, ch. 69-106; s. 3, ch. 81-168; s. 4, ch. 86-41; s. 16, ch. 93-193; s. 920, ch. 95-147; s. 1, ch. 98-134.

¹Note.--Redesignated as s. 175.032(4) by s. 13, ch. 93-193.

175.081  Use of annuity or insurance policies.--When the board of trustees purchases annuity or life insurance contracts to provide all or any part of the benefits as provided for by this act, the following principles shall be observed:

(1)  Only those firefighters who have been members of the firefighters' pension trust fund for 1 year or more may participate in the insured plan.

(2)  Individual policies shall be purchased only when a group insurance plan is not feasible.

(3)  Each application and policy shall designate the firefighters' pension trust fund as owner of the policy.

(4)  Policies shall be written on an annual premium basis.

(5)  The type of policy shall be one which for the premium paid provides each individual with the maximum retirement benefit at his or her earliest statutory normal retirement age.

(6)  Death benefit, if any, should not exceed:

(a)  One hundred times the estimated normal retirement income, based on the assumption that the present rate of compensation continues without change to normal retirement date, or

(b)  Twice the annual rate of compensation as of the date of termination of service, or

(c)  The single-sum value of the accrued deferred retirement income (beginning at normal retirement date) at date of termination of service, whichever is greatest.

(7)  An insurance plan may provide that the assignment of insurance contract to separating firefighters shall be at least equivalent to the return of the firefighters' contributions used to purchase the contract. An assignment of contract discharges the municipality or special fire control district, as appropriate, from all further obligation to the participant under the plan even though the cash value of such contract may be less than the firefighters' contributions.

(8)  Provisions shall be made, either by issuance of separate policies or otherwise, that the separating firefighter does not receive cash value and other benefits under the policies assigned to him or her which exceed the present value of his or her vested interest under the firefighters' pension trust fund, inclusive of his or her contribution to the plan; the contributions by the state shall not be exhausted faster merely because the method of funding adopted was through insurance companies.

(9)  The firefighter shall have the right at any time to give the board of trustees written instructions designating the primary and contingent beneficiaries to receive death benefits or proceeds and the method of settlement of the death benefit or proceeds, or requesting a change in the beneficiary designation or method of settlement previously made, subject to the terms of the policy or policies on his or her life. Upon receipt of such written instructions, the board of trustees shall take necessary steps to effectuate the designation or change of beneficiary or settlement option.

History.--s. 1, ch. 63-249; s. 4, ch. 81-168; s. 17, ch. 93-193; s. 921, ch. 95-147.

175.091  Creation and maintenance of fund.--

(1)  The firefighters' pension trust fund in each municipality and in each special fire control district shall be created and maintained in the following manner:

(a)  By payment to the fund of the net proceeds of the 1.85-percent excise or other similar tax which may be imposed by the municipality or special fire control district upon fire insurance companies, fire insurance associations, or other property insurers on their gross receipts on premiums from holders of policies, which policies cover real or personal property within the corporate limits of such municipality, in the case of a municipal government, and within the legally defined jurisdiction of the district, in the case of a special fire control district. Whenever a municipality maintains a firefighters' pension trust fund under the provisions of this chapter but is partially contained within the boundaries of a special fire control district, that portion of the 1.85-percent excise, license, or other similar tax which is collected for insurance policies covering property within the jurisdiction of both the municipality and the special fire control district shall be given to the firefighters' pension trust fund of the fire service provider. Remaining revenues collected pursuant to this chapter shall be distributed to the municipality or special fire control district according to the location of the insured property.

(b)  By the payment to the fund of 5 percent of the salary of each uniformed firefighter who is a member or duly enrolled in the fire department of any municipality or special fire control district, which 5 percent shall be deducted by the municipality or special fire control district from the compensation due to the firefighter and paid over to the board of trustees of the firefighters' pension trust fund wherein such firefighter is employed. A firefighter participating in the old age survivors insurance of the federal Social Security Law may limit his or her contribution to the firefighters' pension trust fund to 3 percent of his or her annual compensation and receive reduced benefits as set forth in ss. 175.191(5) and 175.211. No firefighter shall have any right to the money so paid into the fund except as provided in this chapter.

(c)  By all fines and forfeitures imposed and collected from any firefighter because of the violation of any rule and regulation promulgated by the board of trustees.

(d)  By mandatory payment by the municipality or special fire control district of a sum equal to the normal cost and the amount required to fund over a period of 40 years or on a 40-year basis, any actuarial deficiency shown by a quinquennial actuarial valuation. The first such actuarial valuation shall be conducted for the calendar year ending December 31, 1967.

(e)  By all gifts, bequests, and devises when donated to the fund.

(f)  By all accretions to the fund by way of interest or dividends on bank deposits, or otherwise.

(g)  By all other sources or income now or hereafter authorized by law for the augmentation of such firefighters' pension trust fund.

(2)  Under no circumstances may a municipality or special fire control district reduce the member contribution to less than 1 percent of salary.

History.--s. 1, ch. 63-249; s. 1, ch. 65-58; s. 1, ch. 67-218; s. 5, ch. 81-168; s. 5, ch. 86-41; s. 18, ch. 93-193; s. 7, ch. 97-96.

175.101  State excise tax on property insurance premiums authorized; procedure.--Each municipality or special fire control district in this state described and classified in s. 175.041, having a lawfully established firefighters' pension trust fund or municipal fund or special fire control district fund providing pension benefits to firefighters by whatever name known, may assess and impose on every insurance company, corporation, or other insurer now engaged in or carrying on, or who shall hereinafter engage in or carry on, the business of property insurance as shown by the records of the Department of Insurance an excise tax in addition to any lawful license or excise tax now levied by each of the municipalities or special fire control districts, respectively, amounting to 1.85 percent of the gross amount of receipts of premiums from policyholders on all premiums collected on property insurance policies covering property within the corporate limits of such municipalities or within the legally defined boundaries of special fire control districts, respectively. Whenever the boundaries of a special fire control district that has lawfully established a firefighters' pension trust fund encompass a portion of the corporate territory of a municipality that has also lawfully established a firefighters' pension trust fund, that portion of the tax receipts attributable to insurance policies covering property situated both within the municipality and the special fire control district shall be given to the fire service provider. The agent shall identify the fire service provider on the property owner's application for insurance. Remaining revenues collected pursuant to this chapter shall be distributed to the municipality or special fire control district according to the location of the insured property. In the case of multiple peril policies with a single premium for both the property and casualty coverages in such policies, 70 percent of such premium shall be used as the basis for the 1.85-percent tax. This excise tax shall be payable annually on March 1 of each year after the passage of an ordinance, in the case of a municipality, or resolution, in the case of a special fire control district, assessing and imposing the tax authorized by this section. Installments of taxes shall be paid according to the provision of s. 624.5092(2)(a), (b), and (c).

History.--s. 1, ch. 63-249; s. 2, ch. 67-218; ss. 13, 35, ch. 69-106; s. 6, ch. 81-168; s. 6, ch. 86-41; s. 23, ch. 87-99; s. 14, ch. 88-206; s. 10, ch. 89-167; s. 19, ch. 93-193.

175.111  Certified copy of ordinance or resolution filed; insurance companies' annual report of premiums; duplicate files; book of accounts.--Whenever any municipality passes an ordinance, or whenever any special fire control district passes a resolution, assessing and imposing the taxes authorized in s. 175.101, a certified copy of such ordinance or resolution shall be deposited with the division. Thereafter every insurance company, association, corporation, or other insurer carrying on the business of property insurance on real or personal property, on or before the succeeding March 1 after date of the passage of the ordinance or resolution, shall report fully in writing and under oath to the division and the Department of Revenue a just and true account of all premiums by such insurer received for property insurance policies covering or insuring any real or personal property located within the corporate limits of each such municipality or special fire control district during the period of time elapsing between the date of the passage of the ordinance or resolution and the succeeding March 1. The report shall include the code designation as prescribed by the division for each piece of insured property, real or personal, located within the corporate limits of each municipality and within the legally defined boundaries of each special fire control district. The aforesaid insurer shall annually thereafter, on March 1, file with the division and the Department of Revenue a similar report covering the preceding year's premium receipts, and every such insurer at the same time of making such reports shall pay to the Department of Revenue the amount of the tax hereinbefore mentioned. Every insurer engaged in carrying on such insurance business in the state shall keep accurate books of accounts of all such business done by it within the corporate limits of each such municipality and within the legally defined boundaries of each such special fire control district, and in such manner as to be able to comply with the provisions of this chapter. Based on the insurers' reports of premium receipts, the division shall prepare a consolidated premium report and shall furnish to any municipality or special fire control district requesting the same a copy of the relevant section of that report.

History.--s. 1, ch. 63-249; ss. 12, 13, 35, ch. 69-106; s. 1, ch. 75-240; s. 20, ch. 93-193; s. 1, ch. 95-250.

175.121  Department of Revenue and Division of Retirement to keep accounts of deposits; disbursements.--

(1)  The Department of Revenue shall keep a separate account of all moneys collected for each municipality and each special fire control district under the provisions of this chapter. All moneys so collected must be transferred to the Police and Firefighters' Premium Tax Trust Fund and shall be separately accounted for by the division. The moneys budgeted as necessary to pay the expenses of the division for the daily oversight and monitoring of the firefighters' pension plans under this chapter and for the oversight and actuarial reviews conducted under part VII of chapter 112 are annually appropriated from the interest and investment income earned on the moneys collected for each municipality or special fire control district and deposited in the Police and Firefighters' Premium Tax Trust Fund. Interest and investment income remaining thereafter in the trust fund which is unexpended and otherwise unallocated by law shall revert to the General Revenue Fund on June 30 of each year.

(2)  The Comptroller shall, on or before June 1 of each year, and at such other times as authorized by the division, draw his or her warrants on the full net amount of money then on deposit in the Police and Firefighters' Premium Tax Trust Fund pursuant to this chapter, specifying the municipalities and special fire control districts to which the moneys must be paid and the net amount collected for and to be paid to each municipality or special fire control district, respectively, subject to the limitation on disbursement under s. 175.122. The sum payable to each municipality or special fire control district is appropriated annually out of the Police and Firefighters' Premium Tax Trust Fund. The warrants of the Comptroller shall be payable to the respective municipalities and special fire control districts entitled to receive them and shall be remitted annually by the division to the respective municipalities and special fire control districts. In order for a municipality or special fire control district and its pension fund to participate in the distribution of premium tax moneys under this chapter, all the provisions shall be complied with annually, including state acceptance pursuant to part VII of chapter 112.

(3)(a)  All moneys not distributed to municipalities and special fire control districts under this section as a result of the limitation on disbursement contained in s. 175.122, or as a result of any municipality or special fire control district not having qualified in any given year, or portion thereof, shall be transferred to the Firefighters' Supplemental Compensation Trust Fund administered by the Department of Revenue, as provided in s. 633.382.

(b)1.  Moneys transferred under paragraph (a) but not needed to support the supplemental compensation program in a given year shall be redistributed pro rata to those participating municipalities and special fire control districts that transfer any portion of their funds to support the supplemental compensation program in that year. Such additional moneys shall be used to cover or offset costs of the retirement plan.

2.  To assist the Department of Revenue, the division shall identify those municipalities and special fire control districts that are eligible for redistribution as provided in s. 633.382(4)(c)2., by listing the municipalities and special fire control districts from which funds were transferred under paragraph (a) and specifying the amount transferred by each.

History.--s. 1, ch. 63-249; ss. 13, 35, ch. 69-106; s. 1, ch. 74-294; s. 3, ch. 85-61; s. 7, ch. 86-41; s. 21, ch. 93-193; s. 11, ch. 94-259; s. 1449, ch. 95-147; s. 2, ch. 95-250.

¹175.1215  Police and Firefighters' Premium Tax Trust Fund.--The Police and Firefighters' Premium Tax Trust Fund is created, to be administered by the Division of Retirement of the Department of Management Services. Funds credited to the trust fund, as provided in chapter 95-250, Laws of Florida, or similar legislation, shall be expended for the purposes set forth in that legislation.

History.--s. 1, ch. 95-249.

¹Note.--

A.  Also published at s. 185.105.

B.  Section 2, ch. 95-249, provides that:

"(1)  Pursuant to Section 19(f)(2) of Article III of the State Constitution, the Police and Firefighters' Premium Tax Trust Fund shall, unless terminated sooner, terminate July 1, 1999.

"(2)  Before the 1999 regular legislative session, the Division of Retirement and the Governor shall recommend to the President of the Senate and the Speaker of the House of Representatives whether the trust fund should be terminated or should be re-created. These recommendations must be based on a review of the purpose and use of the trust fund and a determination of whether the trust fund continues to be necessary. A recommendation to re-create the trust fund may include suggested modifications to the purpose, sources of receipts, and allowable expenditures for the trust fund. The division's recommendation shall be made as a part of the department's legislative budget request to the Legislature pursuant to section 216.023, Florida Statutes. The Governor's recommendation shall be made as a part of his recommended budget presented to the Legislature pursuant to section 216.162, Florida Statutes.

"(3)  When the trust fund is terminated, the Division of Retirement shall pay any outstanding debts or obligations of the trust fund as soon as practicable and the Comptroller shall close out and remove the trust fund from the various state accounting systems, using generally accepted accounting practices concerning warrants outstanding, assets, and liabilities."

175.122  Limitation of disbursement.--Any municipality or special fire control district participating in the firefighters' pension trust fund pursuant to the provisions of this chapter shall be limited to receiving any moneys from such fund in excess of that produced by one-half of the excise tax, as provided for in s. 175.101; however, any such municipality or special fire control district receiving less than 6 percent of its fire department payroll from such fund shall be entitled to receive from such fund the amount determined under s. 175.121, in excess of one-half of the excise tax, not to exceed 6 percent of its fire department payroll.

History.--s. 1, ch. 67-217; s. 7, ch. 81-168; s. 22, ch. 93-193.

175.131  Funds received by municipality or special fire control district; deposit in firefighters' pension trust fund.--All state and other funds received by any municipality or special fire control district under the provisions of this chapter shall be deposited by such municipality or special fire control district immediately, and under no circumstances more than 5 days after receipt, with the board of trustees. Employee contributions, however, which are withheld by the employer on behalf of an employee member shall be deposited with the board of trustees of the firefighters' pension trust fund at least monthly.

History.--s. 1, ch. 63-249; s. 8, ch. 81-168; s. 8, ch. 86-41; s. 23, ch. 93-193.

175.141  Payment of excise tax credit on similar state excise or license tax.--The tax herein authorized to be imposed by each municipality and each special fire control district shall in nowise be in addition to any similar state excise or license tax imposed by part IV of chapter 624, but the payor of the tax hereby authorized shall receive credit therefor on his or her said state excise or license tax and the balance of said state excise or license tax shall be paid to the Insurance Commissioner and Treasurer as is now provided by law.

History.--s. 1, ch. 63-249; s. 9, ch. 86-41; s. 24, ch. 93-193; s. 922, ch. 95-147.

175.151  Penalty for failure of insurers to comply with this act.--Should any insurance company, corporation or other insurer fail to comply with the provisions of this act, on or before March 1 of each year as herein provided, the certificate of authority issued to said insurance company, corporation or other insurer to transact business in this state may be canceled and revoked by the Department of Insurance, and it is unlawful for any such insurance company, corporation, or other insurer to transact business thereafter in this state unless such insurance company, corporation, or other insurer shall be granted a new certificate of authority to transact any business in this state, in compliance with provisions of law authorizing such certificate of authority to be issued.

History.--s. 1, ch. 63-249; ss. 13, 35, ch. 69-106.

175.152  Contributions.--Except as provided in s. 175.091(1)(b), the municipal or special fire control district officer or board paying salaries to firefighters entitled to the benefit of this chapter shall deduct 5 percent from each installment of salary of each firefighter so long as such firefighter shall hold office or be employed. The amount so deducted shall be deposited as provided in s. 175.301. Under no circumstances may a municipality or special fire control district reduce the member contribution to less than 1 percent of salary.

History.--s. 10, ch. 86-41; s. 25, ch. 93-193.

175.162  Requirements for retirement.--Any firefighter who completes 10 or more years of creditable service as a firefighter and attains age 55, or completes 25 years of creditable service as a firefighter and attains age 52, and who for such minimum period has been a member of the firefighters' pension trust fund is eligible for normal retirement benefits. Normal retirement under the plan is retirement from the service of the municipality or special fire control district on or after the normal retirement date. In such event, payment of retirement income will be governed by the following provisions of this section:

(1)  The normal retirement date of each firefighter will be the first day of the month coincident with or next following the date on which he or she has completed 10 or more years of creditable service and attained age 55 or completed 25 years of creditable service and attained age 52.

(2)(a)  The amount of monthly retirement income payable to a full-time firefighter who retires on or after his or her normal retirement date shall be an amount equal to the number of his or her years of credited service multiplied by 2 percent of his or her average final compensation as a full-time firefighter. The retirement income shall be reduced for moneys received under the disability provisions of this chapter. However, if current state contributions pursuant to this chapter are not adequate to fund the additional benefits to meet the minimum requirements in this chapter, only such incremental increases shall be required as state moneys are adequate to provide. Such increments shall be provided as state moneys become available.

(b)  The amount of monthly retirement income payable to a volunteer firefighter who retires on or after his or her normal retirement date shall be an amount equal to the number of his or her years of credited service multiplied by 2 percent of his or her average final compensation as a volunteer firefighter. If the firefighter has been contributing only 3 percent of his or her salary, the firefighter's monthly retirement income shall be an amount equal to the number of his or her years of credited service multiplied by 1.2 percent of his or her average final compensation.

(3)  The monthly retirement income payable in the event of normal retirement will be payable on the first day of each month. The first payment will be made on the firefighter's normal retirement date, or on the first day of the month coincident with or next following his or her actual retirement, if later, and the last payment will be the payment due next preceding the firefighter's death; except that, in the event the firefighter dies after retirement but before he or she has received retirement benefits for a period of 10 years, the same monthly benefit will be paid to the beneficiary (or beneficiaries) as designated by the firefighter for the balance of such 10-year period. If a firefighter continues in the service of the municipality or special fire control district beyond his or her normal retirement date and dies prior to his or her date of actual retirement, without an option made pursuant to s. 175.171 being in effect, monthly retirement income payments will be made for a period of 10 years to a beneficiary (or beneficiaries) designated by the firefighter as if the firefighter had retired on the date on which his or her death occurred.

(4)  Early retirement under the plan is retirement from the service of the municipality or special fire control district, with the consent of the municipality or special fire control district, as of the first day of any calendar month which is prior to the firefighter's normal retirement date but subsequent to the date as of which he or she has both attained the age of 50 years and has been a member of this fund for 10 continuous years. In the event of early retirement, payment of retirement income shall be governed as follows: The monthly amount of retirement income payable to a firefighter who retires prior to his or her normal retirement date shall be in the amount computed as described in subsection (2), taking into account the firefighter's credited service to his or her date of actual retirement and final monthly compensation as of such date, such amount of retirement income to be actuarially reduced to take into account the firefighter's younger age and the earlier commencement of retirement income benefits. The amount of monthly income payable in the event of early retirement will be paid in the same manner as in subsection (3). In no event shall the early retirement reduction exceed 3 percent for each year by which the member's age at retirement preceded the member's normal retirement age.

History.--s. 1, ch. 63-249; s. 1, ch. 70-129; s. 9, ch. 81-168; s. 11, ch. 86-41; s. 26, ch. 93-193; s. 923, ch. 95-147.

175.171  Optional forms of retirement income.--

(1)  In lieu of the amount and form of retirement income payable in the event of normal or early retirement as specified in s. 175.162, a firefighter, upon written request to the board of trustees and submission of evidence of good health (except that such evidence will not be required if such request is made at least 3 years prior to the date of commencement of retirement income or if such request is made within 6 months following the effective date of the plan, if later), and subject to the approval of the board of trustees, may elect to receive a retirement income or benefit of equivalent actuarial value payable in accordance with one of the following options:

(a)  A retirement income of larger monthly amount, payable to the firefighter for his or her lifetime only.

(b)  A retirement income of a modified monthly amount, payable to the firefighter during the joint lifetime of the firefighter and a dependent joint pensioner designated by the firefighter, and following the death of either of them, 100 percent, 662/3 percent, or 50 percent of such monthly amounts payable to the survivor for the lifetime of the survivor.

(c)  Such other amount and form of retirement payments or benefits as, in the opinion of the board of trustees, will best meet the circumstances of the retiring firefighter.

1.  The firefighter upon electing any option of this section will designate the joint pensioner or beneficiary (or beneficiaries) to receive the benefit, if any, payable under the plan in the event of his or her death, and will have the power to change such designation from time to time, but any such change shall be deemed a new election and will be subject to approval by the board of trustees. Such designation will name a joint pensioner or one or more primary beneficiaries where applicable. If a firefighter has elected an option with a joint pensioner or beneficiary and his or her retirement income benefits have commenced, the firefighter may thereafter change the designated joint pensioner or beneficiary, but only if the board of trustees consents to such change and if the joint pensioner last previously designated by the firefighter is alive when the firefighter files with the board of trustees a request for such change.

2.  The consent of a firefighter's joint pensioner or beneficiary to any such change shall not be required.

3.  The board of trustees may request such evidence of the good health of the joint pensioner that is being removed as it may require and the amount of the retirement income payable to the firefighter upon designation of a new joint pensioner shall be actuarially redetermined taking into account the age and sex of the former joint pensioner, the new joint pensioner, and the firefighter. Each such designation will be made in writing on a form prepared by the board of trustees and on completion will be filed with the board of trustees. In the event that no designated beneficiary survives the firefighter, such benefits as are payable in the event of the death of the firefighter subsequent to his or her retirement shall be paid as provided in s. 175.181.

(2)  Retirement income payments shall be made under the option elected in accordance with the provisions of this section and shall be subject to the following limitations:

(a)  If a firefighter dies prior to his or her normal retirement date or early retirement date, whichever first occurs, no retirement benefit will be payable under the option to any person, but the benefits, if any, will be determined under s. 175.201.

(b)  If the designated beneficiary (or beneficiaries) or joint pensioner dies before the firefighter's retirement under the plan, the option elected will be canceled automatically and a retirement income of the normal form and amount will be payable to the firefighter upon retirement as if the election had not been made, unless a new election is made in accordance with the provisions of this section or a new beneficiary is designated by the firefighter prior to retirement and within 90 days after the death of the beneficiary.

(c)  If both the retired firefighter and the beneficiary (or beneficiaries) designated by him or her die before the full payment has been effected under any option providing for payments for a period certain and life thereafter, made pursuant to the provisions of paragraph (1)(c), the board of trustees may, in its discretion, direct that the commuted value of the remaining payments be paid in a lump sum and in accordance with s. 175.181.

(d)  If a firefighter continues beyond his or her normal retirement date pursuant to the provisions of s. 175.162(1) and dies prior to actual retirement and while an option made pursuant to the provisions of this section is in effect, monthly retirement income payments will be made, or a retirement benefit will be paid, under the option to a beneficiary (or beneficiaries) designated by the firefighter in the amount or amounts computed as if the firefighter had retired under the option on the date on which death occurred.

(3)  No firefighter may make any change in his or her retirement option after the date of cashing or depositing the first retirement check.

History.--s. 1, ch. 63-249; s. 2, ch. 65-58; s. 10, ch. 81-168; s. 12, ch. 86-41; s. 924, ch. 95-147.

175.181  Beneficiaries.--

(1)  Each firefighter may, on a form provided for that purpose, signed and filed with the board of trustees, designate a beneficiary (or beneficiaries) to receive the benefit, if any, which may be payable in the event of his or her death; and each designation may be revoked by such firefighter by signing and filing with the board of trustees a new designation-of-beneficiary form.

(2)  If a deceased firefighter fails to name a beneficiary in the manner prescribed in subsection (1), or if the beneficiary (or beneficiaries) named by a deceased firefighter predecease the firefighter, the death benefit, if any, which may be payable under the plan with respect to such deceased firefighter may be paid, in the discretion of the board of trustees, either to:

(a)  The spouse or dependent children of the firefighter; or

(b)  The dependent living parents of the firefighter.

(3)  Notwithstanding any other provision of law to the contrary, the surviving spouse of any pension participant member killed in the line of duty shall not lose survivor retirement benefits if the spouse remarries. The surviving spouse of such deceased member whose benefit terminated because of remarriage shall have the benefit reinstated as of July 1, 1994, at an amount that would have been payable had such benefit not been terminated. This paragraph shall apply to all municipalities which receive state excise tax moneys as provided in s. 175.101.

History.--s. 1, ch. 63-249; s. 11, ch. 81-168; s. 4, ch. 94-171; s. 1450, ch. 95-147.

175.191  Disability retirement.--

(1)  A firefighter having 10 or more continuous years of credited service and having contributed to the firefighters' pension trust fund for 10 years or more may retire from the service of the municipality or special fire control district under the plan if, prior to his or her normal retirement date, the firefighter becomes totally and permanently disabled as defined in subsection (2) by reason of any cause other than a cause set out in subsection (3) on or after the effective date of the plan. Such retirement shall herein be referred to as "disability retirement." The provisions for disability other than line-of-duty disability shall not apply to a member who has reached early or normal retirement age.

(2)  A firefighter will be considered totally disabled if, in the opinion of the board of trustees, he or she is wholly prevented from rendering useful and efficient service as a firefighter; and a firefighter will be considered permanently disabled if, in the opinion of the board of trustees, he or she is likely to remain so disabled continuously and permanently from a cause other than is specified in subsection (3).

(3)  A firefighter will not be entitled to receive any disability retirement income if the disability is a result of:

(a)  Excessive and habitual use by the firefighter of drugs, intoxicants, or narcotics;

(b)  Injury or disease sustained by the firefighter while willfully and illegally participating in fights, riots, or civil insurrections or while committing a crime;

(c)  Injury or disease sustained by the firefighter while serving in any armed forces; or

(d)  Injury or disease sustained by the firefighter after his or her employment has terminated.

(4)  No firefighter shall be permitted to retire under the provisions of this section until he or she is examined by a duly qualified physician or surgeon, to be selected by the board of trustees for that purpose, and is found to be disabled in the degree and in the manner specified in this section. Any firefighter retiring under this section shall be examined periodically by a duly qualified physician or surgeon or board of physicians and surgeons, to be selected by the board of trustees for that purpose, to determine if such disability has ceased to exist.

(5)  The benefits payable to a firefighter who retires from the service of a municipality or special fire control district due to total and permanent disability as a direct result of a disability commencing prior to his or her normal retirement date is the monthly income payable for 10 years certain and life for which, if the firefighter's disability occurred in the line of duty, his or her monthly benefit shall be the accrued retirement benefit, but shall not be less than 42 percent of his or her average monthly salary at the time of disability. If after 10 years of service the disability is other than in the line of duty, the firefighter's monthly benefit shall be the accrued normal retirement benefit, but shall not be less than 25 percent of his or her average monthly salary at the time of disability.

(6)  The monthly retirement income to which a firefighter is entitled in the event of his or her disability retirement shall be payable on the first day of the first month after the board of trustees determines such entitlement. However, the monthly retirement income shall be payable as of the date the board determines such entitlement, and any portion due for a partial month shall be paid together with the first payment. The last payment will be, if the firefighter recovers from the disability prior to his or her normal retirement date, the payment due next preceding the date of such recovery or, if the firefighter dies without recovering from the disability, the payment due next preceding his or her death or the 120th monthly payment, whichever is later. Any monthly retirement income payments due after the death of a disabled firefighter shall be paid to the firefighter's designated beneficiary (or beneficiaries) as provided in ss. 175.181 and 175.201.

(7)  If the board of trustees finds that a firefighter who is receiving a disability retirement income is, at any time prior to his or her normal retirement date, no longer disabled, as provided herein, the board of trustees shall direct that the disability retirement income be discontinued. "Recovery from disability" as used herein means the ability of the firefighter to render useful and efficient service as a firefighter.

(8)  If the firefighter recovers from disability and reenters the service as a firefighter, service will be deemed to have been continuous, but the period beginning with the first month for which he or she received a disability retirement income payment and ending with the date he or she reentered the service will not be considered as credited service for the purpose of this plan.

History.--s. 1, ch. 63-249; s. 3, ch. 65-58; s. 2, ch. 70-129; s. 12, ch. 81-168; s. 13, ch. 86-41; s. 27, ch. 93-193; s. 925, ch. 95-147.

175.201  Death prior to retirement; refunds of contributions; death benefits.--If a firefighter dies before being eligible to retire under the provisions of this act, the heirs, legatees, beneficiaries, or personal representatives of such deceased firefighter shall be entitled to a refund of 100 percent, without interest, of the contributions made to the firefighters' pension trust fund by such deceased firefighter or, in the event an annuity or life insurance contract has been purchased by the board of trustees on such firefighter, then to the death benefits available under such life insurance or annuity contract subject to the limitations on such death benefits set forth in s. 175.081, whichever amount is greater. If a firefighter dies prior to retirement but has at least 10 years of contributing service, his or her beneficiary is entitled to the benefits otherwise payable to the firefighter at early or normal retirement age. In the event that the death benefit paid by a life insurance company exceeds the limit set forth in s. 175.081, the excess of the death benefit over the limit shall be paid to the firefighters' pension trust fund. However, the benefits as provided in s. 112.191 shall not be included as death or retirement benefits under the provisions of chapter 86-41, Laws of Florida.

History.--s. 1, ch. 63-249; s. 13, ch. 81-168; s. 14, ch. 86-41; s. 5, ch. 90-138; s. 28, ch. 93-193; s. 926, ch. 95-147.

175.211  Separation from service; refunds.--If a firefighter leaves the service of the municipality or special fire control district before accumulating aggregate time of 10 years toward retirement and before being eligible to retire under the provisions of this chapter, the firefighter shall be entitled to a refund of all of his or her contributions made to the firefighters' pension trust fund after July 1, 1963, without interest, less any disability benefits paid to him or her after July 1, 1963. If a firefighter who has been in the service of the municipality or special fire control district for at least 10 years and has contributed to the firefighters' pension trust fund for at least 10 years elects to leave his or her accrued contributions in the firefighters' pension trust fund, such firefighter upon attaining the age of 50 years may retire at the actuarial equivalent of the amount of such retirement income otherwise payable to him or her.

History.--s. 1, ch. 63-249; s. 14, ch. 81-168; s. 29, ch. 93-193; s. 927, ch. 95-147.

175.221  Lump-sum payment of small retirement income.--Notwithstanding any provisions of the plan to the contrary, if the monthly retirement income payable to any person entitled to benefits hereunder is less than $30, or if the single-sum value of the accrued retirement income is less than $750, as of the date of retirement or termination of service, whichever is applicable, the board of trustees, in the exercise of its discretion, may specify that the actuarial equivalent of such retirement income be paid in a lump sum.

History.--s. 1, ch. 63-249.

175.231  Diseases of firefighters suffered in line of duty; presumption.--Any condition or impairment of health of a firefighter caused by tuberculosis, hypertension, or heart disease resulting in total or partial disability or death shall be presumed to have been accidental and suffered in the line of duty unless the contrary is shown by competent evidence, provided, such firefighter shall have successfully passed a physical examination before entering into such service, which examination failed to reveal any evidence of such condition. This section shall be applicable to all firefighters employed in Florida only with reference to pension and retirement benefits under this chapter.

History.--s. 1, ch. 63-249; s. 15, ch. 81-168.

175.241  Exemption from execution.--The pensions, annuities, or other benefits accrued or accruing to any person under the provisions of this act and the accumulated contributions and the cash securities in the funds created under this act are hereby exempted from any state, county, or municipal tax and shall not be subject to execution or attachment or to any legal process whatsoever, and shall be unassignable.

History.--s. 1, ch. 63-249.

175.251  Employment records required to be kept by secretary of board of trustees.--The secretary of the board of trustees shall keep a record of all persons receiving retirement payments under the provisions of this chapter, in which shall be noted the time when the pension is allowed and when the pension shall cease to be paid. In this record, the secretary shall keep a list of all firefighters employed by the municipality or special fire control district. The record shall be kept in such manner as to show the name, address, and time of employment of such firefighters and when they cease to be employed by the municipality or special fire control district.

History.--s. 1, ch. 63-249; s. 16, ch. 81-168; s. 30, ch. 93-193.

175.261  Annual report to Division of Retirement; actuarial reports.--

(1)  Each year, by February 1, the chair or secretary of the board of trustees of each firefighters' pension trust fund shall file a report with the division which contains:

(a)  A statement of whether in fact the municipality or special fire control district is within the provisions of s. 175.041.

(b)  An independent audit by a certified public accountant if the fund has $100,000 or more in assets, or a certified statement of accounting if the fund has less than $100,000 or more in assets, for the most recent fiscal year of the municipality or special fire control district, showing a detailed listing of assets and methods used to value them and a statement of all income and disbursements during the year. Such income and disbursements shall be reconciled with the assets at the beginning of and end of the year.

(c)  A statistical exhibit showing the total number of firefighters on the force, the number included in the retirement plan and the number ineligible, classified according to the reason for their being ineligible, and the number of disabled firefighters and retired firefighters and their beneficiaries receiving pension payments and the amounts of annual retirement income or pension payments being received by them.

(d)  A statement of the amount the municipality or special fire control district, or other income source, has contributed to the retirement fund for the most recent fiscal year and the amount the municipality or special fire control district will contribute to the retirement fund during its current fiscal year.

(e)  If any benefits are insured with a commercial insurance company, the report should include a statement of the relationship of the insured benefits to the benefits provided by this chapter as well as the name of the insurer and information about the basis of premium rates, mortality table, interest rates, and method used in valuing retirement benefits.

(2)  By February 1 of each triennial year, beginning with February 1, 1986, and at least every 3 years commencing from the last actuarial report of the plan or system or from February 1, 1987, if no actuarial report has been issued within the 3-year period prior to February 1, 1986, the chair of each firefighters' pension trust fund shall report to the division such data that it needs to complete an actuarial valuation of each fund. The forms for each municipality and special fire control district shall be supplied by the division. The expense of this actuarial valuation shall be borne by the firefighters' pension trust fund established by ss. 175.041 and 175.121. The requirements of this section are supplemental to the actuarial valuations necessary to comply with ss. 11.45 and ¹218.32.

History.--s. 1, ch. 63-249; s. 4, ch. 65-58; ss. 13, 35, ch. 69-106; s. 17, ch. 81-168; s. 15, ch. 86-41; s. 31, ch. 93-193; s. 928, ch. 95-147; s. 7, ch. 96-324.

¹Note.--Actuarial valuations are required pursuant to generally accepted accounting principles. The requirement that financial statements be prepared in compliance with the principles was deleted from s. 218.32(1)(a) by s. 18, ch. 96-324, and similar requirements were incorporated into newly created s. 218.321 by s. 19, ch. 96-324.

175.291  Attorney for municipality or special fire control district to represent board of trustees upon request; option to employ independent counsel and other persons.--The attorney of each municipality or special fire control district shall give advice to the board of trustees in all matters pertaining to its duties in the administration of the firefighters' pension trust fund whenever requested; and he or she shall represent and defend the board as its attorney in all suits and actions at law or in equity that may be brought against it and bring all suits and actions in its behalf that may be required or determined upon by the board. However, if the board of trustees so elects, it may employ independent legal counsel at the pension fund's expense for the purposes contained herein, together with such other professional, technical, or other advisers as the board deems necessary. This section shall specifically apply to all funds receiving state moneys pursuant to this chapter.

History.--s. 1, ch. 63-249; s. 18, ch. 81-168; s. 16, ch. 86-41; s. 32, ch. 93-193; s. 929, ch. 95-147.

175.301  Depository for pension funds.--All funds and securities of the firefighters' pension trust fund may be deposited by the board of trustees with the treasurer of the municipality or special fire control district, acting in a ministerial capacity only, who shall be liable in the same manner and to the same extent as he or she is liable for the safekeeping of funds for the municipality or special fire control district. However, any funds and securities so deposited with the treasurer of the municipality or special fire control district shall be kept in a separate fund by the treasurer or clearly identified as such funds and securities of the firefighters' pension trust fund. In lieu thereof, the board of trustees shall deposit the funds and securities of the firefighters' pension trust fund in a qualified public depository as defined in s. 280.02, which depository with regard to such funds and securities shall conform to and be bound by all of the provisions of chapter 280.

History.--s. 1, ch. 63-249; s. 19, ch. 81-168; s. 17, ch. 86-41; s. 2, ch. 88-185; s. 33, ch. 93-193; s. 930, ch. 95-147.

175.311  Municipalities, special fire control districts, and boards independent of each other.--In the enforcement and in the interpretation of the provisions of this chapter, each municipality and each special fire control district shall be independent of any other municipality or special fire control district, and the board of trustees of the firefighters' pension trust fund of each municipality and each special fire control district shall function for the municipality or special fire control district which it serves as trustee. Each board of trustees shall be independent of the municipality or special fire control district for which it serves as board of trustees to the extent required to accomplish the intent, requirements, and responsibilities provided for in this chapter.

History.--s. 1, ch. 63-249; s. 4, ch. 79-380; s. 18, ch. 86-41; s. 34, ch. 93-193.

175.321  Application of ss. 175.101-175.121, 175.131-175.151.--Sections 175.101-175.121 and 175.131-175.151 are applicable in relation to each municipality or special fire control district of the state which now has or hereafter establishes a firefighters' pension trust fund or a pension fund for firefighters, regardless of whether the municipality or special fire control district falls within the classification of s. 175.041 and has its firefighters' pension trust fund established under the provisions thereof, or whether the pension fund of the municipality or special fire control district exists under other general or special laws of the state or a local ordinance. The remaining sections of this chapter which apply specifically to the creation of a board of trustees, define its powers, and establish a firefighters' pension trust fund in each municipality or special fire control district, as well as such sections as define the person who shall be entitled to a pension out of such fund and the amount thereof, govern the conditions upon which such pensions shall be allowed, and define the duties of the officers of those municipalities or special fire control districts in relation to such fund, shall not apply to any municipality which had a municipal firefighters' pension trust fund or municipal pension fund for firefighters and police officers on July 1, 1963, or to any special fire control district which now has a firefighters' pension trust fund.

History.--s. 1, ch. 63-249; s. 20, ch. 81-168; s. 35, ch. 93-193.

175.331  Rights of firefighters under former law.--The rights of firefighters established by any former provisions of this act shall not be impaired nor shall their benefits be reduced by virtue of any provisions of this act; provided, however, that no member may receive the benefits under the former act and also be entitled to receive the benefits under this act. Unless an election is made in writing before January 1, 1964, to the board of trustees, to remain under the provisions of the former act, it shall be conclusively presumed that the provisions of this act as amended, will apply to all firefighters. Members who have retired under the former act prior to the enactment of this act, shall continue to receive their benefits under the former act.

History.--s. 1, ch. 63-249; s. 931, ch. 95-147.

175.333  Discrimination in benefit formula prohibited.--No plan established under the provisions of this chapter and participating in the distribution of premium tax moneys as provided in this chapter shall discriminate in its benefit formula based on color, national origin, sex, or marital status; however, if a plan offers a joint annuitant option and the member selects such option, or the plan specifies the member's spouse is to receive the benefits which continue to be payable upon the death of the member, then in both of these cases after the benefits have commenced a retired member may change his or her designation of joint annuitant or beneficiary only twice. If said retired member desires to change his or her joint annuitant or beneficiary, the member shall file with the board of trustees of his or her plan a notarized notice of such change either by registered letter or on a form as provided by the administrator of the plan. Upon receipt of a completed change of joint annuitant form or such other notice, the board of trustees shall adjust the member's monthly benefit by the application of actuarial tables and calculations developed to ensure that the benefit paid is the actuarial equivalent of the present value of the member's current benefit. Nothing herein shall preclude a plan from actuarially adjusting benefits or offering options based upon sex, age, early retirement, or disability.

History.--s. 4, ch. 79-380; s. 19, ch. 86-41; s. 932, ch. 95-147.

175.341  Duties of Division of Retirement; rulemaking authority; investments by the State Board of Administration.--

(1)  The division shall be responsible for the daily oversight and monitoring for actuarial soundness of the firefighters' pension plans established under this chapter, for receiving and holding the premium tax moneys collected under this chapter, and for disbursing those moneys to the firefighters' pension plans. The funds necessary to pay expenses for such administration shall be annually appropriated from the interest and investment income earned on moneys deposited in the trust fund.

(2)  The division has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement the provisions of this chapter.

(3)  The State Board of Administration shall invest and reinvest the moneys in the trust fund collected under this chapter in accordance with ss. 215.44-215.53. Costs incurred by the board in carrying out the provisions of this subsection shall be deducted from the interest and investment income accruing to the trust fund.

History.--s. 1, ch. 63-249; ss. 13, 35, ch. 69-106; s. 36, ch. 93-193; s. 3, ch. 95-250; s. 11, ch. 98-200.

175.351  Municipalities and special fire control districts having their own pension plans for firefighters.--In order for municipalities and special fire control districts with their own pension plans for firefighters or for firefighters and other employees to participate in the distribution of the tax fund established in ss. 175.101-175.121 and 175.131-175.151, their pension funds must meet each of the following standards:

(1)  The plan must be for the purpose of providing retirement and disability income for firefighters or their beneficiaries.

(2)  The normal retirement age, if any, must not be more than age 60.

(3)  If the plan provides for a stated period of service as a requirement to receive a retirement income, that period must not be more than 30 years.

(4)  The benefit formula to determine the amount of monthly pension must be equal to at least 2 percent for each year of the firefighter's credited service, multiplied by his or her average final compensation. However, if current state contributions pursuant to this chapter are not adequate to fund the additional benefits to meet the minimum requirements in this chapter, only increment increases shall be required as state moneys are adequate to provide. Such increments shall be provided as state moneys become available.

(5)  If a ceiling on the monthly payment is stated in the plan, it should be no lower than $100.

(6)  Death or survivor benefits and disability benefits may be incorporated into the plan as the municipalities or special fire control districts wish, but in no event should the single-sum value of such benefits as of the date of termination of service because of death or disability exceed:

(a)  One hundred times the estimated normal retirement income, based on the assumption that the present rate of compensation continues without change to normal retirement date,

(b)  Twice the annual rate of compensation as of date of termination of service, or

(c)  The single-sum value of the accrued deferred retirement income (beginning at normal retirement date) at date of termination of service,

whichever is greatest; however, nothing in this subsection shall require any reduction in death or disability benefits provided by a retirement plan in effect prior to July 1, 1963.

(7)  Eligibility for coverage under the plan must be based upon length of service or attained age, or both; and benefits must be determined by a nondiscriminatory formula based upon:

(a)  Length of service and compensation, or

(b)  Length of service.

(8)  The retirement plan shall require participants to contribute toward the cost of the plan an amount which shall not be less than 1 percent of salary, and it must set forth the termination rights, if any, of an employee before retirement.

(9)  An actuarial valuation of the retirement plan must be made at least once every 5 years commencing December 31, 1968, and at least every 3 years commencing from the last actuarial report of the plan or system or from October 1, 1986, if no actuarial report has been issued within the 3 years prior to October 1, 1983. Such valuation shall be prepared by an enrolled actuary. Such valuation shall be subject to the following:

(a)  The assets shall be valued at cost or market or on such other basis as may be approved by the division.

(b)  Minimum actuarial assumptions and methods to be used in valuing the liabilities shall be provided by the division and revised from time to time by it. The valuation must be on basis and methods not less conservative than those set forth by the division.

(c)  The cost of the actuarial valuation must be paid by each individual firefighters' retirement fund or by the municipality or special fire control district.

(d)  A report of the valuation, including actuarial assumptions and type and basis of funding, shall be made to the division within 3 months after the date of valuation. If any benefits are insured with a commercial insurance company, the report should include a statement of the relationship of the retirement plan benefits to the insured benefits and, in addition, the name of the insurer, basis of premium rates, mortality table, interest rate, and method used in valuing the retirement benefits.

(e)  However, if an actuarial valuation has been made subsequent to December 31, 1963, the 5-year period will commence on the date of that valuation.

(10)  The municipality or special fire control district shall contribute to the plan annually an amount which, together with the contributions from the firefighters and the amount derived from the premium tax provided in s. 175.101 and other income sources as authorized by law, will be sufficient to meet the normal cost of the plan and to fund the actuarial deficiency over a period of not more than 40 years.

(11)  No retirement plan or amendment to a retirement plan shall be proposed unless the proposed plan or amendment contains an actuarial estimate of the costs involved. No such proposed plan change shall be adopted without the approval of the municipality or special fire control district. Copies of the proposed change and the actuarial impact statement of the proposed change shall be furnished to the division prior to the last public hearing thereon. Such statement shall also indicate whether the proposed change is in compliance with s. 14, Art. X of the State Constitution and those provisions of part VII of chapter 112 which are not expressly provided in this chapter.

(12)  Each year, on or before March 15, the trustees of the retirement plan shall submit the following information to the division in order for the retirement plan of such municipality or special fire control district to receive a share of the state funds for the then-current calendar year; when any of these items would be identical with the corresponding item submitted for a previous year, it is not necessary for the trustees to submit duplicate information if they make reference to the item in such previous year's report:

(a)  A certified copy of each and every instrument constituting or evidencing the plan. This includes the formal plan, including all amendments, the trust agreement, copies of all insurance contracts, and formal announcement material.

(b)  An independent audit by a certified public accountant if the fund has $100,000 or more in assets, or a certified statement of accounting if the fund has less than $100,000 in assets, for the most recent fiscal year of the municipality or special fire control district, showing a detailed listing of assets and a statement of all income and disbursements during the year. Such income and disbursements must be reconciled with the assets at the beginning and end of the year.

(c)  A certified statement listing the investments of the plan and a description of the methods used in valuing the investments.

(d)  A statistical exhibit showing the total number of firefighters, the number included in the plan, and the number ineligible classified according to the reasons for their being ineligible.

(e)  A certified statement describing the methods, factors, and actuarial assumption used in determining the cost.

(f)  A certified statement by an enrolled actuary showing the results of the latest triennial valuation of the plan and a copy of the detailed worksheets showing the computations used in arriving at the results.

(g)  A statement of the amount the municipality or special fire control district, or other income source, has contributed toward the plan for the most recent fiscal year and will contribute toward the plan for the current fiscal year.

(13)  If a municipality or special fire control district has a firefighters' retirement fund which, in the opinion of the division, meets the standards set forth in subsections (1) through (12), the board of trustees of the pension fund, as approved by a majority of firefighters of the municipality or special fire control district affected, or the official pension committee, as approved by a majority of firefighters of the municipality or special fire control district affected, may place the income from the premium tax in s. 175.101 in its existing pension fund for the sole and exclusive use of its firefighters (or for firefighters and police officers where included), where it shall become an integral part of that fund, or may use such income to pay extra benefits to the firefighters included in the fund.

(14)  The retirement plan setting forth the benefits and the trust agreement, if any, covering the duties and responsibilities of the trustees and the regulations of the investment of funds must be in writing, and copies thereof must be made available to the participants and to the general public.

(15)(a)  The membership of boards of trustees for pension plans operated pursuant to this section shall be as follows:

1.  If a municipality or special fire control district has a pension plan for firefighters only, the provisions of s. 175.061 shall apply.

2.  If a municipality has a pension plan for firefighters and police officers, the provisions of s. 175.061 shall apply, except that two members of the board shall be firefighters or police officers who shall be elected by a majority of the firefighters and police officers who are members of the plan.

3.  If a municipality or special fire control district has a pension plan for firefighters and general employees, at least one member of the board shall be a firefighter who shall be elected by a majority of the firefighters who are members of the plan.

4.  If a municipality has a pension plan for firefighters, police officers, and general employees, at least one member of the board shall be a firefighter or police officer who shall be elected by a majority of the firefighters and police officers who are members of the plan.

(b)  Nothing in this section shall permit the reduction of the membership percentage of firefighters, or firefighters and police officers where a joint or mixed fund exists, on any board of trustees operating a pension plan pursuant to this section on June 30, 1986.

(16)  The provisions of this section and s. 175.061 may not be changed by a participating municipality or special fire control district operating a pension plan pursuant to this section.

History.--s. 1, ch. 63-249; ss. 13, 35, ch. 69-106; s. 5, ch. 79-380; s. 21, ch. 81-168; s. 47, ch. 83-217; s. 20, ch. 86-41; s. 37, ch. 93-193; s. 933, ch. 95-147.

175.361  Termination of plan and distribution of fund.--Upon termination of the plan by the municipality or special fire control district for any reason, or upon written notice by the municipality or special fire control district to the board of trustees that contributions under the plan are being permanently discontinued, the fund shall be apportioned and distributed in accordance with the following procedures:

(1)  The board of trustees shall determine the date of distribution and the asset value to be distributed, after taking into account the expenses of such distribution.

(2)  The board of trustees shall determine the method of distribution of the asset value, that is, whether distribution shall be by payment in cash, by the maintenance of another or substituted trust fund, by the purchase of insured annuities, or otherwise, for each firefighter entitled to benefits under the plan as specified in subsection (3).

(3)  The board of trustees shall apportion the asset value as of the date of termination in the manner set forth in this subsection, on the basis that the amount required to provide any given retirement income shall mean the actuarially computed single-sum value of such retirement income, except that if the method of distribution determined under subsection (2) involves the purchase of an insured annuity, the amount required to provide the given retirement income shall mean the single premium payable for such annuity.

(a)  Apportionment shall first be made in respect of each retired firefighter receiving a retirement income hereunder on such date, each person receiving a retirement income on such date on account of a retired (but since deceased) firefighter, and each firefighter who has, by such date, become eligible for normal retirement but has not yet retired, in the amount required to provide such retirement income, provided that, if such asset value is less than the aggregate of such amounts, such amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such asset value.

(b)  If there is any asset value remaining after the apportionment under paragraph (a), apportionment shall next be made in respect of each firefighter in the service of the municipality or special fire control district on such date who has completed at least 10 years of credited service, who has contributed to the firefighters' pension trust fund for at least 10 years, and who is not entitled to an apportionment under paragraph (a), in the amount required to provide the actuarial equivalent of the accrued normal retirement income, based on the firefighter's credited service and earnings to such date, and each former participant then entitled to a benefit under the provisions of s. 175.211 who has not by such date reached his or her normal retirement date, in the amount required to provide the actuarial equivalent of the accrued normal retirement income to which he or she is entitled under s. 175.211; provided that, if such remaining asset value is less than the aggregate of the amounts apportioned hereunder, such latter amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value.

(c)  If there is any asset value after the apportionments under paragraphs (a) and (b), apportionment shall lastly be made in respect of each firefighter in the service of the municipality or special fire control district on such date who is not entitled to an apportionment under paragraphs (a) and (b) in the amount equal to the firefighter's total contributions to the plan to date of termination; provided that, if such remaining asset value is less than the aggregate of the amounts apportioned hereunder, such latter amounts shall be proportionately reduced so that the aggregate of such reduced amounts will be equal to such remaining asset value.

(d)  In the event that there is asset value remaining after the full apportionment specified in paragraphs (a), (b), and (c), such excess shall be returned to the municipality or special fire control district, less return to the state of the state's contributions, provided that, if the excess is less than the total contributions made by the municipality or special fire control district and the state to date of termination of the plan, such excess shall be divided proportionately to the total contributions made by the municipality or special fire control district and the state.

(4)  The board of trustees shall distribute, in accordance with the manner of distribution determined under subsection (2), the amounts apportioned under subsection (3).

If, after a period of 24 months after the date on which the plan terminated or the date on which the board received written notice that the contributions thereunder were being permanently discontinued, the municipality or special fire control district or the board of trustees of the firefighters' pension trust fund affected has not complied with all the provisions in this section, the division shall effect the termination of the fund in accordance with this section.

History.--s. 1, ch. 63-249; s. 5, ch. 65-58; s. 22, ch. 81-168; s. 48, ch. 83-217; s. 21, ch. 86-41; s. 38, ch. 93-193; s. 934, ch. 95-147.

175.371  Transfer to another state retirement system; benefits payable.--

(1)  Any firefighter who has a vested right to benefits under a pension plan created pursuant to the provisions of this chapter and who elects to participate in another state retirement system may not receive a benefit under the provisions of the latter retirement system for any year's service for which benefits are paid under the provisions of the pension plan created pursuant to this chapter.

(2)  When every active participant in any pension plan created pursuant to this chapter elects to transfer to another state retirement system, the pension plan created pursuant to this chapter shall be terminated and the assets distributed in accordance with s. 175.361. If some participants in a pension plan created pursuant to this chapter elect to transfer to another state retirement system and other participants elect to remain in the existing plan created pursuant to this chapter, the plan created pursuant to this chapter shall remain in effect until fully funded and shall then be terminated in accordance with s. 175.361.

History.--s. 22, ch. 86-41.

175.381  Applicability of ch. 86-41.--Chapter 86-41, Laws of Florida, shall apply to all plans presently existing or to be created pursuant to this chapter. However, those plans presently existing pursuant to s. 175.351 and not in compliance with the provisions of chapter 86-41, except as otherwise provided in chapter 86-41, shall comply no later than December 31, 1986, provided that a fund established by legislative act shall comply no later than October 1, 1987, and provided further that nothing contained in this chapter shall operate to reduce presently existing rights or benefits of any firefighter directly, indirectly, or otherwise.

History.--s. 23, ch. 86-41.

175.391  Costs; attorney's fees.--In any judicial proceeding or administrative proceeding as provided in chapter 120 brought under or pursuant to the provisions of this chapter, the prevailing party shall be entitled to recover the costs thereof, together with reasonable attorney's fees.

History.--s. 24, ch. 86-41.

175.401  Retiree health insurance subsidy.--Under the broad grant of home rule powers under the Florida Constitution and chapter 166, municipalities have the authority to establish and administer locally funded health insurance subsidy programs. In addition, special fire control districts may, by resolution, establish and administer locally funded health insurance subsidy programs. Pursuant thereto:

(1)  PURPOSE.--The purpose of this section is to allow municipalities and special fire control districts the option to use premium tax moneys, as provided for under this chapter, to establish and administer health insurance subsidy programs which will provide a monthly subsidy payment to retired members of any firefighters' pension trust fund system or plan as provided under this chapter, or to beneficiaries who are spouses or financial dependents entitled to receive benefits under such a plan, in order to assist such retired members or beneficiaries in paying the costs of health insurance.

(2)  RETIREE HEALTH INSURANCE SUBSIDY TRUST FUNDS; ESTABLISHMENT AND TERMINATION.--

(a)  Any municipality or special fire control district having a firefighters' pension trust fund system or plan as provided under this chapter may, in its discretion, establish by ordinance or resolution, as appropriate, a trust fund to be known as the firefighters' retiree health insurance subsidy trust fund. This fund may be a separate account established for such purpose in the existing firefighters' pension fund, provided that all funds deposited in such account are segregated from, and not commingled with, pension funds or other public moneys and that the account otherwise conforms to the requirements of subsection (8). The trust fund shall be used to account for all moneys received and disbursed pursuant to this section.

(b)  Prior to the second reading of the ordinance before the municipal legislative body, or of the resolution before the governing body of the special fire control district, an actuarial valuation must be performed by an enrolled actuary as provided in s. 112.63, and copies of the valuation and the proposed implementing ordinance or resolution shall be furnished to the division.

(c)  The subsidy program may, at the discretion of the municipal governing body, be permanently discontinued by municipal ordinance, and at the discretion of the governing body of a special fire control district may be permanently discontinued by resolution, at any time, subject to the requirements of any applicable collective bargaining agreement, in the same manner and subject to the same conditions established for plan termination and fund distribution under s. 175.361.

(3)  FUNDING.--Trust funds established pursuant to this section shall be funded in the following manner:

(a)  By payment to the fund of an amount equivalent to one-half of the net increase over the previous tax year in the premium tax funds provided for in this chapter, said amount to be established in the implementing ordinance or resolution.

(b)  By no less than 1 percent of the base salary of each firefighter, for so long as the firefighter is employed and covered by a pension plan established pursuant to this chapter. The municipality or special fire control district, with approval of the board of trustees, may increase member contributions if needed to fund benefits greater than the minimums established in this section.

(c)  By payment by the municipality or special fire control district, on at least a quarterly basis, of whatever sum is determined necessary to maintain the actuarial soundness of the fund in accordance with s. 112.64.

Such contributions and payments shall be submitted to the board of trustees of the firefighters' pension trust fund, or the plan trustees in the case of local plans established under s. 175.351, and deposited in the firefighters' retiree health insurance subsidy trust fund, in the same manner and subject to the same time constraints as provided under s. 175.131.

(4)  ELIGIBILITY FOR RETIREE HEALTH INSURANCE SUBSIDY.--A person who has contributed to the retiree health insurance subsidy trust fund and retires under a firefighters' pension trust fund system or plan as provided under this chapter, including any local plan as provided under s. 175.351, or a beneficiary who is a spouse or financial dependent entitled to receive benefits under such a plan, is eligible for health insurance subsidy payments provided under this section. However, the fund, with approval of the board of trustees and approval of the municipality or special fire control district, may provide coverage to retirees and beneficiaries when the retirees have not contributed to the fund as provided in subsection (3). Payment of the retiree health insurance subsidy shall be made only after coverage for health insurance for the retiree or beneficiary has been certified in writing to the board of trustees of the firefighters' pension trust fund.

(5)  RETIREE HEALTH INSURANCE SUBSIDY AMOUNT.--Beginning on the effective date established in the implementing ordinance or resolution, each eligible retiree, or beneficiary who is a spouse or financial dependent thereof, shall receive a monthly retiree health insurance subsidy payment equal to the aggregate number of years of service, as defined in s. 175.032, completed at the time of retirement multiplied by an amount determined in the implementing ordinance or resolution, but no less than $3 for each year of service. Nothing herein shall be construed to restrict the plan sponsor from establishing, in the implementing ordinance or resolution, a cap of no less than 30 years upon the number of years' service for which credit will be given toward a health insurance subsidy or a maximum monthly subsidy amount.

(6)  PAYMENT OF RETIREE HEALTH INSURANCE SUBSIDY.--Beginning on the effective date established in the implementing ordinance or resolution, any monthly retiree health insurance subsidy amount due and payable under this section shall be paid to retired members, or their eligible beneficiaries, by the board of trustees of the firefighters' pension trust fund, or the plan trustees in the case of local plans established under s. 175.351, in the same manner as provided by s. 175.071(1)(c) for drafts upon the pension fund.

(7)  INVESTMENT OF THE TRUST FUND.--The trustees of the firefighters' pension trust fund, or the plan trustees in the case of local plans established under s. 175.351, are hereby authorized to invest and reinvest the funds of the firefighters' retiree health insurance subsidy trust fund in the same manner and subject to the same conditions as apply hereunder to the investment of firefighters' pension funds under s. 175.071.

(8)  DEPOSIT OF HEALTH INSURANCE SUBSIDY FUNDS.--All funds and securities of the health insurance subsidy fund may be deposited by the board of trustees with the treasurer of the municipality or special fire control district, acting in a ministerial capacity only, who shall be liable in the same manner and to the same extent as he or she is liable for the safekeeping of funds for the municipality or special fire control district. Any funds so deposited shall be segregated by the treasurer in a separate fund, clearly identified as funds and securities of the health insurance subsidy fund. In lieu thereof, the board of trustees shall deposit the funds and securities of the health insurance subsidy fund in a qualified public depository as defined in s. 280.02, which shall conform to and be bound by the provisions of chapter 280 with regard to such funds. In no case shall the funds of the health insurance subsidy fund be deposited in any financial institution, brokerage house trust company, or other entity that is not a public depository as provided by s. 280.02.

(9)  SEPARATION FROM SERVICE; REFUNDS.--Any firefighter who terminates employment with a municipality or special fire control district having a retiree health insurance subsidy trust fund system or plan as provided under this section shall be entitled to a refund of all employee contributions he or she made to that trust fund, without interest, regardless of whether the firefighter has vested for purposes of retirement. Any firefighter who has vested for purposes of retirement in the service of the municipality or special fire control district, and has contributed to the firefighters' retiree health insurance subsidy trust fund for so long as he or she was eligible to make such contributions, may, in his or her discretion, elect to leave his or her accrued contributions in the fund, whereupon, such firefighter shall, upon retiring and commencing to draw retirement benefits, receive a health insurance subsidy based upon his or her aggregate number of years of service, as defined in s. 175.032.

(10)  ADMINISTRATION OF SYSTEM; ACTUARIAL VALUATIONS; AUDITS; RULES; ADMINISTRATIVE COSTS.--The board of trustees of the firefighters' pension trust fund, or the plan trustees in the case of local plans established under s. 175.351, shall be solely responsible for administering the health insurance subsidy trust fund. Pursuant thereto:

(a)  As part of its administrative duties, no less frequently than every 3 years, the board shall have an actuarial valuation of the firefighters' retiree health insurance subsidy trust fund prepared as provided in s. 112.63 by an enrolled actuary, covering the same reporting period or plan year used for the firefighters' pension plan, and shall submit a report of the valuation, including actuarial assumptions and type and basis of funding, to the division.

(b)  By February 1 of each year, the trustees shall file a report with the division, containing an independent audit by a certified public accountant if the fund has $100,000 or more in assets, or a certified statement of accounting if the fund has less than $100,000 in assets, for the most recent fiscal year of the municipality or special fire control district, showing a detailed listing of assets and methods used to value them and a statement of all income and disbursements during the year. Such income and disbursements shall be reconciled with the assets at the beginning of and end of the year.

(c)  The trustees may adopt such rules and regulations as are necessary for the effective and efficient administration of this section.

(d)  At the discretion of the plan sponsor, the cost of administration may be appropriated from the trust fund or paid directly by the plan sponsor.

(11)  BENEFITS.--Subsidy payments shall be payable under the firefighters' retiree health insurance subsidy program only to participants in the program or their beneficiaries. Such subsidy payments shall not be subject to assignment, execution, or attachment or to any legal process whatsoever, and shall be in addition to any other benefits to which eligible recipients are entitled under any workers' compensation law, pension law, collective bargaining agreement, municipal or county ordinance, or any other state or federal statute.

(12)  DISTRIBUTION OF PREMIUM TAXES; COMPLIANCE REQUIRED.--Premium tax dollars for which spending authority is granted under this section shall be distributed from the Police and Firefighters' Premium Tax Trust Fund and remitted annually to municipalities and special fire control districts in the same manner as provided under this chapter for firefighters' pension funds. Once a health insurance subsidy plan has been implemented by a municipality or special fire control district under this section, in order for the municipality or special fire control district to participate in the distribution of premium tax dollars authorized under this section, all provisions of this section, including state acceptance pursuant to part VII of chapter 112, shall be complied with, and said premium tax dollars may be withheld for noncompliance.

History.--s. 1, ch. 92-51; s. 39, ch. 93-193; s. 12, ch. 94-259; s. 1451, ch. 95-147; s. 4, ch. 95-250.