The 2023 Florida Statutes (including Special Session C)

Title XII
MUNICIPALITIES

Chapter 175
FIREFIGHTER PENSIONS

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F.S. 175.333

175.333 Discrimination in benefit formula prohibited; restrictions regarding designation of joint annuitants.—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) 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.

F.S. 175.333 on Google Scholar

F.S. 175.333 on Casetext

Amendments to 175.333

Arrestable Offenses / Crimes under Fla. Stat. 175.333

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 175.333.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . Section 175.333 expressly prohibits “a plan established under the provisions of this chapter” from discriminating . . . The City and the League contend that this rule invalidly attempts to apply section 175.333 to local law . . . The City points out that the anti-discrimination provision in section 175.333 is also found in section . . . Section 175.333 shows on its face that it is applicable only to “plans established under the provisions . . . hearing officer found, that the application of sections 175.071, 175.081, 175.191, 175.231, 175.261, 175.333 . . .