1998 Florida Code
TITLE XXIII MOTOR VEHICLES
Chapter 321 Highway Patrol  
321.20   Retirement pay; basis.

321.20  Retirement pay; basis.--

(1)  Every member who has subscribed, prior to July 1, 1953, to the constitutional oath of office and who has been retired following 20 years of service shall receive an annual pension payable monthly, equal to 50 percent of the average annual salary for the last 5 years such member was in service; provided however, that such member may continue in service more than 20 years, and shall then receive an annual pension payable monthly, equal to 50 percent for 20 years of service plus 2 percent for each additional year of service based upon the average annual salary for the last 5 years such member was in service. Every member who has subscribed, on or after July 1, 1953, to the constitutional oath of office and who has been retired following the attainment of age 55 shall receive an annual pension payable monthly equal to 2 percent for each year of service based upon the average annual salary for the last 5 years such member was in service. Every member who has subscribed, prior to July 1, 1953, to the constitutional oath of office and who has been retired following the attainment of age 60 shall receive an annual pension payable monthly, equal to 25 percent of his or her average annual salary for the last 5 years such member was in service, plus 2.5 percent of such average annual salary for each year of service in excess of 10 years. Provided however, that each such member to be eligible to receive a pension shall have accumulated a minimum of 10 years of service within the contemplation of this law. The average annual salary of any member who has subscribed on or after July 1, 1959, to the constitutional oath of office shall be the average annual salary received by such member during the last 10 years such member was in service.

(2)  Any member who has been retired because of total disability shall receive, in addition to the award made to him or her under the Workers' Compensation Law, an annual pension, payable monthly, of 45 percent of the annual salary of said member at the time of his or her disability or 45 percent of $6,000, whichever is greater; and he or she shall continue to receive the said pension payment so long as such total disability exists. Any member who has been retired because of partial disability shall receive, in addition to the award made to him or her under the Workers' Compensation Law, an annual pension, payable monthly, of 35 percent of the annual salary of said member at the time of his or her disability; and he or she shall continue to receive the said pension payment so long as such partial disability exists. The department may require such member to submit to a medical examination from time to time by a doctor selected by the department; and, if the examination discloses that such member is no longer disabled, such member may be ordered by the department to return to active duty with the same rank and salary that he or she had at the time of disability. Any such retired member who shall fail to return to duty following such order shall forfeit all rights and claims under this law.

(3)  Every member who shall be entitled to retirement under the provisions of this law shall receive credit in computing his or her 20 years of service by taking into consideration his or her service in the Army, Navy, Marine Corps, Air Force, Coast Guard, or National Guard, (Federal Service) of the United States, provided said member of the Department of Highway Safety and Motor Vehicles was an employee of said department prior to entering the armed forces and received an honorable discharge from such forces and has become reemployed by the department since termination of active service with the armed forces.

(4)  Every member shall have the right at any time prior to receipt of his or her first monthly pension payment to elect to receive a reduced pension with the provision that if such member dies after pension payments have commenced, the excess, if any, of his or her total contributions made to the pension fund, without interest, over the total pension payments received by him or her shall be paid in accordance with the beneficiary designation of s. 321.17(3). The amount of such reduced pension shall be the actuarial equivalent of the amount of such pension otherwise payable to the member in accordance with subsection (1).

(5)  Every member shall have the right at any time prior to receipt of his or her first monthly pension payment to elect to receive a reduced pension during his or her lifetime with the provision that such reduced pension, or one-half thereof if so designated, shall be continued after the member's death to his or her spouse during the spouse's lifetime. The amount of such reduced pension shall be the actuarial equivalent of the amount of such pension otherwise payable to the member in accordance with subsection (1). A member who elects the option to receive such a reduced pension shall, on a form provided for that purpose, designate his or her spouse as beneficiary to receive the benefits which continue to be payable after the death of the member. After such reduced pension benefits have commenced, the retired member may change the designation of his or her spouse as beneficiary only twice. If such a retired member remarries and wishes to make such a change, he or she may do so by filing with the division a notarized change of spouse designation form and shall notify the former spouse in writing of such change. Upon receipt of a completed change of spouse designation form, the division 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. The consent of a retired member's formerly designated spouse as beneficiary to any such change shall not be required.

(6)  Upon the death of a retired member or beneficiary receiving monthly benefits under this chapter, the monthly benefits shall be paid through the last day of the month of death and shall terminate, or be adjusted, if applicable, as of that date in accordance with the optional form of benefit selected at the time of retirement.

History.--s. 6, ch. 22863, 1945; s. 9, ch. 26800, 1951; ss. 4, 5, ch. 28121, 1953; s. 1, ch. 59-307; ss. 24, 35, ch. 69-106; s. 1, ch. 71-181; s. 71, ch. 79-40; s. 10, ch. 80-130; s. 11, ch. 85-246; s. 387, ch. 95-148.