1998 Florida Code
TITLE XXIII MOTOR VEHICLES
Chapter 321 Highway Patrol  
321.221   Pensions, spouses of deceased patrol officers.

321.221  Pensions, spouses of deceased patrol officers.--

(1)  The surviving spouse of any highway patrol officer heretofore or hereafter killed in the line of duty shall receive a monthly pension equal to one-half the monthly salary drawn by the deceased patrol officer at the time of his or her death for the rest of his or her life, unless the surviving spouse remarries, in which case the pension shall terminate at the date of his or her remarriage. In the event of the remarriage of the surviving spouse of a patrol officer killed in line of duty, who has legal children of the deceased patrol officer under 18 years of age that have not been formally adopted by the present spouse, any sums of money which would have accrued to the surviving spouse had he or she not remarried shall accrue to the children in the same manner as if the surviving spouse had died, as provided in subsection (2). These payments will cease as of the date of legal adoption of the children or upon their reaching the age of 18.

(2)  In the event of the death of the surviving spouse, any sums of money which would have accrued to him or her had he or she lived until the 18th birthday of such patrol officer's youngest child shall accrue, share and share alike, for the use and benefit of such patrol officer's child or children under 18 years of age and unmarried during such minority. Such sums, as the same would have accrued to such surviving spouse, shall be paid to the legal guardian of the estate of such child or children, or either of them, during such minority to age 18 years.

(3)  Any surviving spouse or children not now receiving a pension under this section shall be entitled to this pension retroactive to January 1, 1954.

(4)  In determining the amount of pension to be received under this section, the benefits received in the form of workers' compensation and/or social security shall be considered, and the total monthly compensation shall not exceed one-half of the salary received by the deceased patrol officer at the time of his or her death. Should such total compensation exceed one-half of the monthly salary drawn by the deceased patrol officer at the time of his or her death, the pension herein provided for shall be reduced by the amount of such excess.

(5)  The payments of this pension shall be made from any unappropriated funds of the General Revenue Fund.

History.--ss. 1-4, ch. 29969, 1955; s. 1, ch. 57-348; s. 4, ch. 69-120; s. 72, ch. 79-40; s. 391, ch. 95-148.