§ 7. Permanent Disability Pension; Not in Line of Duty.

Each and every active member of the department who shall become permanently and totally disabled, if said disability was not directly caused by and attributable to the performance of duty as a member of the fire department and was not caused by the member's own imprudence, upon establishing to the satisfaction of said board that the member is so permanently and totally disabled, shall be entitled to a monthly pension as follows: A member with less than 10 full years of credited service at time of impairment shall be entitled to receive an amount equal to 3 percent of the member's average monthly salary for each year of said credited service, and a member with 10 full years or more of credited service at time of impairment shall be entitled to 4 percent of the member's average monthly salary for each year of said credited service. However, the monthly pension shall not exceed 60 percent of the member's average monthly salary as determined herein; provided, however, that the monthly pension for a member with more than twenty (20) full years of credited service at time of impairment may exceed sixty (60) percent and shall be sixty (60) percent plus four (4) per cent per year for each year of credited service in excess of twenty (20), based on such years of credited service, but may not exceed eighty (80) percent, unless the member has completed 40 years of credited service in which case the member shall receive an additional 2 percent per year for each year in excess of 40 years of credited service. Provided further, a member with 20 years or more of credited service who is determined by the board of trustees to be permanently and totally disabled not in the line of duty, but without application for not in the line of duty disability benefits, may within thirty (30) days of such determination elect in writing to receive the normal retirement benefit that the member would be entitled to receive based on years of credited service. Provided, however, the total monthly benefit shall not exceed 100 percent of the member's average monthly salary. The phrase "permanently and totally disabled" shall be construed to mean and include the loss of one or more limbs, loss of sight in one or both eyes, loss of hearing in one or both ears and any other condition which renders the member unfit to perform the required duties of the member's rank held at the time of impairment. The average monthly salary shall be determined by computing the member's average monthly salary for the member's last 3 years of credited service or for the member's total credited service if less than 3 years, or by computing the member's average monthly salary for the five best years of the last ten years of credited service, whichever amount is greater. Upon the death of the member on said disability pension, benefits shall be paid as follows:

(1)

If a member has not elected and started receipt of the Section 34(1)(a) life with ten (10) years certain form of payment, or the Section 34(1)(b) life only form of payment, or the Section 34(1)(c) joint pensioner form of payment, benefits shall be paid pursuant to Section 14, "Benefits Payable Upon Death of Member", to the surviving spouse and issues under the age of eighteen (18), or dependent parents, and Section 35(3), "10 Year Certain Guarantee", if applicable.

(2)

If a member has elected and started receipt of the Section 34(1)(a) life with ten (10) years certain form of payment and the member has not received 120 monthly payments, then benefits otherwise payable to the member shall be paid pursuant to Section 32, "Beneficiaries", for the remainder of the 120 monthly payments beginning on the first day of the month immediately following the member's death regardless of the age of the deceased member. If the firefighter makes this election, no benefits shall be paid pursuant to Section 14(5)(b) or Section 14(5)(d) to the surviving spouse, issue in being under the age of eighteen (18), or dependent parents. Provided however, the firefighter may designate as beneficiaries the surviving spouse, issue in being under the age of eighteen (18), or dependent parents to receive the remainder of the 120 monthly payments.

(3)

If a member has elected and started receipt of the Section 34(1)(b) life only form of payment, no further payments shall be made upon the death of the member.

(4)

If a member has elected and started receipt of the Section 34(1)(c) joint pensioner form of payment, benefits shall be paid as provided therein.

Notwithstanding anything that may be to the contrary in this act, at age 47 a member then receiving benefits under this section may make the election provided in section 12(1) or section 12(2) as the case may be and section 18, all of this act (Laws of Fla. ch. 23444(1945), as amended) in the manner therein specified, provided he is qualified by length of service prior to said disability and provided he makes the election within the 30 day period after reaching age 47. If the election is exercised in favor of salary deduction return, the return shall be minus disability payments paid hereunder. If the election is exercised, all of the member's rights and the rights of the surviving spouse and issue and dependent parents under Section 14 shall cease.

(Laws of Fla. ch. 23444(1945), § 7; Laws of Fla. ch. 72-633, § 5; Laws of Fla. ch. 73-573, § 3; Laws of Fla. ch. 75-463, § 2; Laws of Fla. ch. 82-346, § 1; Laws of Fla. ch. 89-459, § 7; Ord. of 6-18-2001, § 6, Doc. #33874; Ord. of 1-14-2008, § 4, Doc. #0801141004; Laws of Fla. Ch. 2009-268, § 7)