§ 9. Permanent Disability Pension; in Line of Duty.

Any active member of the fire department who shall become permanently and totally disabled, if the disability is directly caused by and attributable to the performance of duty as a member of the department, shall be entitled to a pension of a monthly sum of 80 percent of the member's average monthly salary; provided, however, a member who has completed 40 years of credited service shall be entitled to receive an additional 2 percent over the 80 percent for each year of credited service in excess of 40 years of credited service but not to exceed 100 percent. 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. Upon the death of the member on said disability pension provided in this section, 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, "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 forty-seven (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 the disability and provided he makes the election within the thirty-day period after reaching age forty-seven (47). If the election is exercised in favor of the pension, the pension shall be based only on service and salary earned prior to the date of disability. If the election is exercised, all of the member's rights and the rights of the member's surviving spouse and issue, and dependent parents under Section 14 shall cease.

(Laws of Fla. ch. 23444(1945), § 9; Laws of Fla. ch. 61-2605, § 5; Laws of Fla. ch. 72-633, § 7; Laws of Fla. ch. 75-463, § 3; Laws of Fla. ch. 82-346, § 2; Ord. of 1-14-2008, § 6, Doc. # 0801141004; Laws of Fla. ch. 2008-295, § 9)