§ 18. Acceptance or Rejection of Benefits; Return of Payments.

(1)

Each and every member of the fire department now in the employment of the department shall have thirty (30) days after the effective date of this act to reject the terms of this act by filing his written rejection with the chief of the fire department. Any member rejecting the terms of this act shall hereinafter only be entitled to the benefits provided for under and according to the terms of the pension plan (Laws of Fla. ch. 23444(1945), as amended) as said terms existed on September 30, 1975. Any member failing to reject the terms of this act shall be conclusively presumed to have accepted the terms of this act. All members of the department employed after this act has been ratified, as aforesaid, shall conclusively be presumed to have accepted the same.

(2) (a) Any member of the department who is discharged or voluntarily separates from the service, who at the time of his discharge or voluntary separation from the service shall not be entitled to a pension or to elect a pension under Laws of Fla. ch. 23444(1945), § 12, as amended, shall be paid 100% of the amount that has been deducted from his salary under this act up to the effective date of Laws of Fla. ch. 72-633, § 3, which amended Laws of Fla. ch. 23444(1945), § 18, as amended by Laws of Fla. ch. 61-2605, § 7, and shall be paid all of the deductions made thereafter and he and any others claiming by, through, under or against him shall have no further rights under this act.

(b)

Any member of the department who is discharged or voluntarily separates from the service, who at the time of his discharge or voluntary separation from the service shall not be entitled to retire and elect a pension under Laws of Fla. ch. 23444(1945), § 12(1), as amended, but does have an election for a pension under Laws of Fla. ch. 23444(1945), § 12(2), as amended, may elect to be paid 100% of the amount that has been deducted from his salary under this act up to the effective date of Laws of Fla. ch. 72-633, § 3, which amended Laws of Fla. ch. 23444(1945), § 18, as amended by Laws of Fla. ch. 61-2605, § 7, and all of the deductions made thereafter, all subject to the election hereinafter set forth in paragraph (d).

(c)

Any member of the department who is discharged or voluntarily separates from the service, who at the time of his discharge or voluntary separation from the service is entitled to retire and elect a pension under Laws of Fla. ch. 23444(1945), § 12(1), as amended, may elect to be paid 100% of the amount that has been deducted from his salary under this act up to the effective date of Laws of Fla. ch. 72-633, § 3, which amended Laws of Fla. ch. 23444(1945), § 18, as amended by Laws of Fla. ch. 61-2605, § 7, and all of the deductions made thereafter, all subject to the election hereinafter set forth in paragraph (d).

(d)

If said member is entitled to retire and elect a pension under Laws of Fla. ch. 23444(1945), § 12(1), as amended, or entitled upon discharge or voluntary separation to elect a pension under Laws of Fla. ch. 23444(1945), § 12(2), as amended, an irrevocable election shall be made in writing and delivered to the chief of the department within thirty (30) days after retirement or discharge or separation between return of the aforesaid deductions and pension, and, if the election is made in favor of return of said deductions, said member and all others claiming, by, through, under or against him shall have no further rights to a pension or otherwise under this act. If for any reason said election is not timely made, it shall be conclusively presumed that the irrevocable election is made in favor of return of the salary deductions except in the event of death during the election period prior to any election of a member who is forty-seven (47) years old or older at the time of death and who at the time of death is qualified for a Section 12(1) or Section 12(2) pension, in which latter event the conclusive presumption shall run in favor of the widow and issue that a Section 12(1) or Section 12(2) pension was timely elected; and, except further, in the event of any member dying in said election period prior to electing while qualified for a Section 12(1) pension, but not being age forty-seven (47) or older at time of death, the same conclusive presumption shall run in favor of his widow and issue that a Section 12(1) pension was timely elected prior to death. The presumptions as to forty-seven (47) year old or older members shall be further qualified by the conclusive presumption that said Section 12(1) pension election shall run only in favor of the widow and issue of said member so qualified.

(e)

The balance of any salary deductions remaining after the payments set forth in paragraphs (a) through (c) or under any other provisions of this act shall be credited to the benefit of the fund and disposed of as other salary deductions are disposed of under the terms and provisions of this act.

(f)

All returns of the salary deductions, past and future, shall have been and shall be without payment of any interest.

(Laws of Fla. ch. 23444(1945), § 18; Laws of Fla. ch. 61-2605 § 7; Laws of Fla. ch. 72-633, § 3; Laws of Fla. ch. 75-463, § 6; Ord. of 6-18-2001, § 11, Doc. #33874)