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Florida Statute 175.162 - Full Text and Legal Analysis
Florida Statute 175.162 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XII
MUNICIPALITIES
Chapter 175
FIREFIGHTER PENSIONS
View Entire Chapter
175.162 Requirements for retirement.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, any firefighter who completes 10 or more years of creditable service as a firefighter and attains age 55, or completes 25 years of creditable service as a firefighter and attains age 52, and who for such minimum period has been a member of the firefighters’ pension trust fund operating under a chapter plan or local law plan, is eligible for normal retirement benefits. Normal retirement under the plan is retirement from the service of the municipality or special fire control district on or after the normal retirement date. In such event, payment of retirement income will be governed by the following provisions of this section:
(1) The normal retirement date of each firefighter will be the first day of the month coincident with or next following the date on which he or she has completed 10 or more years of creditable service and attained age 55 or completed 25 years of creditable service and attained age 52.
(2)(a)1. The amount of monthly retirement income payable to a full-time firefighter who retires on or after his or her normal retirement date shall be an amount equal to the number of his or her years of credited service multiplied by 2.75 percent of his or her average final compensation as a full-time firefighter.
2. Effective July 1, 2015, a plan that is in compliance with this chapter except that the plan provides a benefit that is less than 2.75 percent of the average final compensation of a full-time firefighter for all years of credited service or provides an effective benefit that is less than 2.75 percent as a result of a maximum benefit limitation:
a. Must maintain, at a minimum, the percentage amount or maximum benefit limitation in effect on July 1, 2015, and is not required to increase the benefit to 2.75 percent of the average final compensation of a full-time firefighter for all years of credited service; or
b. If the plan changes the percentage amount or maximum benefit limitation to 2.75 percent or more of the average final compensation of a full-time firefighter for all years of credited service, the plan may not thereafter decrease the percentage amount or maximum benefit limitation to less than 2.75 percent of the average final compensation of a full-time firefighter for all years of credited service.
(b) The amount of monthly retirement income payable to a volunteer firefighter who retires on or after his or her normal retirement date shall be an amount equal to the number of his or her years of credited service multiplied by 2 percent of his or her average final compensation as a volunteer firefighter.
(3) The monthly retirement income payable in the event of normal retirement will be payable on the first day of each month. The first payment will be made on the firefighter’s normal retirement date, or on the first day of the month coincident with or next following his or her actual retirement, if later, and the last payment will be the payment due next preceding the firefighter’s death; except that, in the event the firefighter dies after retirement but before he or she has received retirement benefits for a period of 10 years, the same monthly benefit will be paid to the beneficiary (or beneficiaries) as designated by the firefighter for the balance of such 10-year period. If a firefighter continues in the service of the municipality or special fire control district beyond his or her normal retirement date and dies prior to his or her date of actual retirement, without an option made pursuant to s. 175.171 being in effect, monthly retirement income payments will be made for a period of 10 years to a beneficiary (or beneficiaries) designated by the firefighter as if the firefighter had retired on the date on which his or her death occurred.
(4) Early retirement under the plan is retirement from the service of the municipality or special fire control district, with the consent of the municipality or special fire control district, as of the first day of any calendar month which is prior to the firefighter’s normal retirement date but subsequent to the date as of which he or she has both attained the age of 50 years and has been a member of this fund for 10 continuous years. In the event of early retirement, payment of retirement income shall be governed as follows: The monthly amount of retirement income payable to a firefighter who retires prior to his or her normal retirement date shall be in the amount computed as described in subsection (2), taking into account the firefighter’s credited service to his or her date of actual retirement and final monthly compensation as of such date, such amount of retirement income to be actuarially reduced to take into account the firefighter’s younger age and the earlier commencement of retirement income benefits. The amount of monthly income payable in the event of early retirement will be paid in the same manner as in subsection (3). In no event shall the early retirement reduction exceed 3 percent for each year by which the member’s age at retirement preceded the member’s normal retirement age, as provided in subsection (1).
History.s. 1, ch. 63-249; s. 1, ch. 70-129; s. 9, ch. 81-168; s. 11, ch. 86-41; s. 26, ch. 93-193; s. 923, ch. 95-147; s. 16, ch. 99-1; s. 6, ch. 2015-39.

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Amendments to 175.162


Annotations, Discussions, Cases:

Cases Citing Statute 175.162

Total Results: 2  |  Sort by: Relevance  |  Newest First

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Florida League of Cities, Inc. v. Dep't of Ins. & Treasurer, 540 So. 2d 850 (Fla. 1st DCA 1989).

Cited 11 times | Published | Florida 1st District Court of Appeal | 1989 WL 15937

...(Emphasis added.) The Department's Answer Brief states, at page 21, that section 175.321, as it read during the period 1963-1986, *860 made the following sections of chapter 175 inapplicable to local law plans: sections 175.061, 175.071, 175.041, 175.091, 175.162, 175.181, 175.191, 175.251, 175.261, 175.291, and 175.301....
...for all Chapter Funds and all Local Law Funds." Its stated purpose is to implement section 175.171. Section 175.171(1) provides in part that "in lieu of the amount and form of retirement income payable in the event of normal retirement specified in Section 175.162" (a chapter plan retirement section), a firefighter may elect to receive retirement income in accordance with the enumerated options....
...lan statutory provisions to which the language "the death benefit, if any" in section 175.181 could apply, the parties have stipulated that in fact there are ascertainable chapter plan death benefits to which such words apply, and points to sections 175.162.(3) and 175.201....
...." It is apparent that the court's decision was made without consideration of either the fact, now stipulated in this case, that chapter plans do have ascertainable death benefit provisions to which section 175.181 applies, or the effect of sections 175.162(3) and 175.201, which explicitly recognize that death benefits are payable to designated beneficiaries under chapter plans or the explicit provisions of section 175.321 discussed at pages 858-859, supra....
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Bd. of Trs. v. Parker, 113 So. 3d 64 (Fla. 2d DCA 2013).

Published | Florida 2nd District Court of Appeal | 2013 Fla. App. LEXIS 5591, 2013 WL 1316744

including such issues as requirements for retirement, § 175.162; beneficiaries, § 175.181; and disability retirement

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.