Florida Statutes
Chapter 185 - Municipal Police Pensions
185.341 - 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 the designation of joint annuitant or beneficiary only twice.
(b) Any retired member who desires to change the 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. 22, ch. 86-42; s. 955, ch. 95-147; s. 73, ch. 99-1.

Structure Florida Statutes

Florida Statutes

Title XII - Municipalities

Chapter 185 - Municipal Police Pensions

185.01 - Legislative Declaration.

185.015 - Short Title.

185.02 - Definitions.

185.03 - Municipal Police Officers’ Retirement Trust Funds; Creation; Applicability of Provisions; Participation by Public Safety Officers.

185.04 - Actuarial Deficits Not State Obligations.

185.05 - Board of Trustees; Members; Terms of Office; Meetings; Legal Entity; Costs; Attorney’s Fees.

185.06 - General Powers and Duties of Board of Trustees.

185.061 - Use of Annuity or Insurance Policies.

185.07 - Creation and Maintenance of Fund.

185.08 - State Excise Tax on Casualty Insurance Premiums Authorized; Procedure.

185.085 - Determination of Local Premium Tax Situs.

185.09 - Report of Premiums Paid; Date Tax Payable.

185.10 - Department of Revenue and Division of Retirement to Keep Accounts of Deposits; Disbursements.

185.105 - Police and Firefighters’ Premium Tax Trust Fund.

185.11 - Funds Received by Municipalities, Deposit in Retirement Trust Fund.

185.12 - Payment of Excise Tax Credit on Similar State Excise or License Tax.

185.13 - Failure of Insurer to Comply With Chapter; Penalty.

185.16 - Requirements for Retirement.

185.161 - Optional Forms of Retirement Income.

185.162 - Beneficiaries.

185.18 - Disability Retirement.

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

185.19 - Separation From Municipal Service; Refunds.

185.191 - Lump-Sum Payment of Small Retirement Income.

185.21 - Death Prior to Retirement; Refunds of Contributions or Payment of Death Benefits.

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

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

185.25 - Exemption From Tax and Execution.

185.30 - Depository for Retirement Fund.

185.31 - Municipalities and Boards Independent of Other Municipalities and Boards and of Each Other.

185.34 - Disability in Line of Duty.

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

185.35 - Municipalities That Have Their Own Retirement Plans for Police Officers.

185.37 - Termination of Plan and Distribution of Fund.

185.38 - Transfer to Another State Retirement System; Benefits Payable.

185.39 - Applicability.

185.50 - Retiree Health Insurance Subsidy.

185.60 - Optional Participation.