§ 10. Pension for Death Not in Line of Duty.

(1)

(a)

If any active member of the fire department who has completed ten (10) years of credited service in the department shall die thereafter from causes unconnected with the performance of the member's duty:

(i)

The amount of the benefit shall be four (4) percent of the member's average monthly salary for each year of said credited service. However, the amount of the monthly pension shall not exceed sixty (60) percent of the member's average monthly salary as determined herein; provided, however, that the amount of the monthly pension payable for a member with twenty (20) or more full years of credited service at time of death shall be as set forth in Section 12(2)(b) or (c) and (3).

(ii)

Benefits shall be paid pursuant to Section 35(1), "10-Year Certain Guarantee, Death prior to retirement", and after payment of the guaranteed 120 monthly payments, then if applicable, a reduced monthly benefit shall be payable pursuant to Section 14(5)(d).

(b)

If any active member of the fire department who has not completed ten (10) years of credited service in the department shall die from causes unconnected with the performance of the member's duty, a refund of contributions shall be paid pursuant to Section 33(1)(a).

(2)

If any active member of the fire department leaves employment to perform qualified military service (as defined in Section 414(u) of the Internal Revenue Code) and dies while performing qualified military service, the Beneficiary of the deceased member shall be entitled to those benefits provided for in Section 10(1) as if the deceased member had resumed and then terminated employment on account of death, provided:

(a)

If the member has withdrawn his accumulated contributions, such withdrawn contributions are repaid, plus interest determined by the board.

(b)

For purposes of determining whether or not the member has completed ten (10) years of credited service in the department, that period of time that the member was performing qualified military service shall be included in accordance with applicable state and federal law. Provided however, such period of time shall not be included in calculating the monthly pension benefit that the surviving spouse, issue in being under the age of eighteen (18) years, or dependent parents; or designated beneficiary, whichever is applicable, is entitled to receive.

(c)

This subparagraph (2) shall apply to deaths occurring on or after January 1, 2007.

(Laws of Fla. ch. 23444(1945), § 10; Laws of Fla. ch. 65-1837, § 1; Laws of Fla. ch. 72-633, § 8; Laws of Fla. ch. 75-463, § 4; Ord. of 1-14-2008, § 7, Doc. # 0801141004; Ord. of 10-18-2010, § 2, Doc. #1010181101; Ord. No. 2013-8, § 2, 2-4-2013, Doc. #1302041201)