Florida Statutes
Chapter 175 - Firefighter Pensions
175.333 - Discrimination in Benefit Formula Prohibited; Restrictions Regarding Designation of Joint Annuitants.


(1) No plan shall discriminate in its benefit formula based on color, national origin, sex, or marital status.

(2)(a) If a plan offers a joint annuitant option and the member selects such option, or if a plan specifies that the member’s spouse is to receive the benefits that continue to be payable upon the death of the member, then, in both of these cases, after retirement benefits have commenced, a retired member may change his or her designation of joint annuitant or beneficiary only twice.
(b) Any retired member who desires to change his or her joint annuitant or beneficiary shall file with the board of trustees of his or her plan a notarized notice of such change either by registered letter or on such form as is 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.

(3) 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.

History.—s. 4, ch. 79-380; s. 19, ch. 86-41; s. 932, ch. 95-147; s. 33, ch. 99-1.

Structure Florida Statutes

Florida Statutes

Title XII - Municipalities

Chapter 175 - Firefighter Pensions

175.021 - Legislative Declaration.

175.025 - Short Title.

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; Meetings; Legal Entity; Costs; Attorney’s Fees.

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.

175.1015 - Determination of Local Premium Tax Situs.

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.

175.162 - Requirements for Retirement.

175.171 - Optional Forms of Retirement Income.

175.181 - Beneficiaries.

175.191 - Disability Retirement.

175.195 - False, Misleading, or Fraudulent Statements Made to Obtain Public Retirement Benefits Prohibited; Penalty.

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 Tax and Execution.

175.261 - Annual Report to Division of Retirement; Actuarial Valuations.

175.301 - Depository for Pension Funds.

175.311 - Municipalities, Special Fire Control Districts, and Boards Independent of Each Other.

175.333 - Discrimination in Benefit Formula Prohibited; Restrictions Regarding Designation of Joint Annuitants.

175.341 - Duties of Division of Retirement; Rulemaking Authority; Investments by State Board of Administration.

175.351 - Municipalities and Special Fire Control Districts That Have Their Own Retirement 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.

175.401 - Retiree Health Insurance Subsidy.

175.411 - Optional Participation.