Florida Statutes

Fla. Stat. § 185.21 (2025)

Death prior to retirement; refunds of contributions or payment of death benefits.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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185.21 Death prior to retirement; refunds of contributions or payment of death benefits.—For any municipality, chapter plan, local law municipality, or local law plan under this chapter:

(1) If a police officer dies before being eligible to retire, the heirs, legatees, beneficiaries, or personal representatives of such deceased police officer shall be entitled to a refund of 100 percent, without interest, of the contributions made to the municipal police officers’ retirement trust fund by such deceased police officer or, in the event an annuity or life insurance contract has been purchased by the board on such police officer, then to the death benefits available under such life insurance or annuity contract, subject to the limitations on such death benefits set forth in s. 185.061 whichever amount is greater.

(2) If a police officer having at least 10 years of credited service dies prior to retirement, his or her beneficiary is entitled to the benefits otherwise payable to the police officer at early or normal retirement age.

In the event that a death benefit paid by a life insurance company exceeds the limit set forth in s. 185.061(6), the excess of the death benefit over the limit shall be paid to the municipal police officers’ retirement trust fund. However, death benefits as provided pursuant to s. 112.19 or any other state or federal law shall not be included in the calculation of death or retirement benefits provided under this chapter.

History.—s. 19, ch. 28230, 1953; s. 6, ch. 29825, 1955; s. 3, ch. 57-118; s. 6, ch. 59-320; s. 2, ch. 61-119; s. 15, ch. 86-42; s. 6, ch. 90-138; s. 950, ch. 95-147; s. 63, ch. 99-1.

Notes of Decisions

Cited in 1 case, 1991–1991 · leading case: City of Palm Beach Gardens v. Carpenter, 50 Fla. Supp. 2d 50 (Fla. Cir. Ct. 1991).

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City of Palm Beach Gardens v. Carpenter, 50 Fla. Supp. 2d 50 (Fla. Cir. Ct. 1991). · cites it 2× “Clark under section 185.21, Fla. Stat. The difference to Mrs.”

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