1998 Florida Code
TITLE XXIII MOTOR VEHICLES
Chapter 321 Highway Patrol  
321.191   Non-service-connected disability retirement.

321.191  Non-service-connected disability retirement.--

(1)  A member who becomes totally and permanently disabled after completing 10 years of service shall be entitled to a disability benefit. The disability retirement date for such member shall be the first day of the month following the month during which the Division of Retirement approved payment of disability retirement benefits.

(2)  A member shall be considered totally and permanently disabled if, in the opinion of the Division of Retirement, he or she is prevented by physical or mental impairment from engaging in any gainful activity for which he or she is, or may reasonably become, fitted by education, training, or experience. The decision of the division shall be final and binding.

(3)  A member shall not be entitled to receive any disability retirement income if his or her disability is a result of any of the following:

(a)  Excessive and habitual use by the member of drugs, intoxicating liquors, or narcotics;

(b)  Injury or disease sustained by the member while willfully participating in acts of violence, riot, or civil insurrections, or while committing a felony or serious misdemeanor;

(c)  Injury or disease sustained by the member while serving in any armed forces or as the result of warfare;

(d)  Injury or disease sustained by the member after his or her employment has terminated;

(e)  Injury or disease sustained by the member while working for anyone other than the employer and arising out of such other employment; or

(f)  Intentional, self-inflicted injury.

(4)  The division, before approving payment of any disability retirement benefit, may require proof, in such form as it may decide, that the member is disabled as defined herein.

(5)  Upon disability retirement, a member shall receive a monthly benefit which shall commence on his or her disability retirement date and be payable on the first day of each month thereafter during his or her lifetime and continued disability. The amount of each monthly retirement benefit shall be computed as prescribed by s. 321.20, but based on the average compensation and service as of the member's disability retirement date, subject to the following conditions:

(a)  If the member's disability occurred in line of duty, his or her monthly benefit shall be in accordance with s. 321.20(2), with no period of completed service required.

(b)  If the member's disability occurred other than in line of duty and he or she had completed 10 years of service as of the time of his or her disability, the member's monthly benefit shall not be less than 22.5 percent of average monthly compensation.

(c)  If the member's disability occurred other than in line of duty and he or she had not completed 10 years of service as of the date of disability, the member shall be entitled to a return of his or her contributions without interest.

(6)(a)  If the Division of Retirement finds that a member who is receiving disability benefits is, at any time prior to his or her normal retirement date, no longer disabled, it shall direct that the benefits be discontinued. The decision of the division on this question shall be final and binding.

(b)  If the member described in paragraph (a) of this subsection does not reenter the employ of the Florida Highway Patrol and had not completed 10 years of service as of his or her disability retirement date, the member shall be entitled to the excess, if any, of his or her own contributions, without interest, over the total disability benefits received up to his or her date of recovery.

(c)  If the member described in paragraph (a) of this subsection does not reenter the employ of the Florida Highway Patrol but has completed 10 or more years of service as of his or her disability retirement date, the member may elect to receive:

1.  The excess, if any, of his or her own contributions without interest over the total disability benefits received up to his or her date of recovery; or

2.  A deferred benefit commencing on his or her normal retirement date which shall be payable on the first day of the month thereafter during his or her lifetime. The amount of each monthly benefit shall be computed in the same manner as for a normal retirement benefit, but based on average monthly compensation and service as of the member's disability retirement date.

(7)  If the member recovers from disability and reenters the Florida Highway Patrol within 6 months after his or her recovery, his or her service will be deemed to have been continuous, but the period beginning with the first month for which the member received a disability benefit payment and ending with the date he or she reentered the patrol will not be considered as service for the purpose of computing benefits.

History.--s. 2, ch. 69-120; ss. 31, 35, ch. 69-106; s. 1, ch. 73-326; s. 117, ch. 92-279; s. 55, ch. 92-326; s. 41, ch. 94-249; s. 922, ch. 95-148.