The 2023 Florida Statutes (including Special Session C)

Title XII
MUNICIPALITIES

Chapter 175
FIREFIGHTER PENSIONS

View Entire Chapter

F.S. 175.181

175.181 Beneficiaries.—For any municipality, special fire control district, chapter plan, local law municipality, local law special fire control district, or local law plan under this chapter:

(1) Each firefighter may, on a form provided for that purpose, signed and filed with the board of trustees, designate a choice of one or more persons, named sequentially or jointly, as his or her beneficiary (or beneficiaries) to receive the benefit, if any, which may be payable in the event of his or her death; and each designation may be revoked by such firefighter by signing and filing with the board of trustees a new designation-of-beneficiary form.

(2) If no beneficiary is named in the manner provided by subsection (1), or if no beneficiary designated by the member survives him or her, the death benefit, if any, which may be payable under the plan with respect to such deceased firefighter shall be paid by the board of trustees to the estate of such deceased firefighter, provided that the board of trustees, in its discretion, may direct that the commuted value of the remaining monthly income payments be paid in a lump sum. Any payment made to any person pursuant to this subsection shall operate as a complete discharge of all obligations under the plan with regard to the deceased firefighter and any other persons with rights under the plan and shall not be subject to review by anyone but shall be final, binding, and conclusive on all persons ever interested hereunder.

(3) Notwithstanding any other provision of law to the contrary, the surviving spouse of any pension participant member killed in the line of duty shall not lose survivor retirement benefits if the spouse remarries. The surviving spouse of such deceased member whose benefit terminated because of remarriage shall have the benefit reinstated as of July 1, 1994, at an amount that would have been payable had such benefit not been terminated.

History.—s. 1, ch. 63-249; s. 11, ch. 81-168; s. 4, ch. 94-171; s. 1450, ch. 95-147; s. 18, ch. 99-1; s. 2, ch. 2000-159.

F.S. 175.181 on Google Scholar

F.S. 175.181 on Casetext

Amendments to 175.181

Arrestable Offenses / Crimes under Fla. Stat. 175.181

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 175.181.

Annotations, Discussions, Cases:

Cases from cite.case.law:

BOARD OF TRUSTEES OF CITY PENSION FUND FOR FIREFIGHTERS AND POLICE OFFICERS IN CITY OF TAMPA, v. N. PARKER,, 113 So. 3d 64 (Fla. Dist. Ct. App. 2013)

. . . pensions in Florida including such issues as requirements for retirement, § 175.162; beneficiaries, § 175.181 . . .

FLORIDA LEAGUE OF CITIES, INC. St. v. DEPARTMENT OF INSURANCE AND TREASURER, 540 So. 2d 850 (Fla. Dist. Ct. App. 1989)

. . . For example, Sections 175.171, 175.181, 175.191 and 175.-231, Florida Statutes, upon which these proposed . . . The City’s plans have designation of beneficiary provisions that are inconsistent with section 175.181 . . . The City contends that section 175.181 is not made expressly applicable to local law plans and thus is . . . The City acknowledges that in Dulje the court held section 175.181 applicable to local law plans and . . . In that case the court specifically held that section 175.181 did not preempt the municipality’s power . . .

FLORIDA LEAGUE OF CITIES, v. DEPARTMENT OF INSURANCE AND TREASURER,, 25 Fla. Supp. 2d 221 (Fla. Div. Admin. Hearings 1987)

. . . The application of Sections 175.071(5), 175.121, 175.162, 175.171, 175.181, 175.191, 175.231, 175.251 . . . years; Section 175.171, Florida Statutes, which deals with optional forms of retirement income; Section 175.181 . . . For example, Sections 175.171, 175.181, 175.191 and 175.231, Florida Statutes, upon which these proposed . . .

BOARD OF TRUSTEES OF CITY OF DUNEDIN MUNICIPAL FIREFIGHTERS RETIREMENT SYSTEM, v. DULJE,, 453 So. 2d 177 (Fla. Dist. Ct. App. 1984)

. . . section 175.181 conflicts with ordinance number 80-42? . . . , and in this situation, section 175.181 must prevail. . . . Section 175.181 is not mentioned in either group. . . . Therefore, we cannot find that section 175.181 pre-empts ordinance number 80-42. . . . Therefore, we find that section 175.181 conflicts with ordinance number 80-42. . . .

CARTER v. KENTUCKY, 450 U.S. 288 (U.S. 1981)

. . . . § 175.181 (1979); Oklahoma, see Brannin v. State, 375 P. 2d 276, 279-280 (Crim. App.), Hanf v. . . .