Fla. Stat. 185.061
Use of annuity or insurance policies


(1)

Only those officers who have been members of the retirement trust fund for 1 year or longer may be included in the insured plan.

(2)

Individual policies shall be purchased only when a group insurance plan is not feasible.

(3)

Each application and policy shall designate the pension fund as owner of the policy.

(4)

Policies shall be written on an annual premium basis.

(5)

The type of policy shall be one which for the premium paid provides each individual with the maximum retirement benefit at his or her earliest statutory normal retirement age.

(6)

Death benefit, if any, should not exceed:One hundred times the estimated normal monthly retirement income, based on the assumption that the present rate of compensation continues without change to normal retirement date, orTwice the annual rate of compensation as of the date of termination of service, orThe single-sum value of the accrued deferred retirement income (beginning at normal retirement date) at date of termination of service, whichever is greatest.

(a)

One hundred times the estimated normal monthly retirement income, based on the assumption that the present rate of compensation continues without change to normal retirement date, or

(b)

Twice the annual rate of compensation as of the date of termination of service, or

(c)

The single-sum value of the accrued deferred retirement income (beginning at normal retirement date) at date of termination of service, whichever is greatest.

(7)

An insurance plan may provide that the assignment of insurance contract to separating officer shall be at least equivalent to the return of the officer’s contributions used to purchase the contract. An assignment of contract discharges the municipality from all further obligation to the participant under the plan even though the cash value of such contract may be less than the employee’s contributions.

(8)

Provisions shall be made, either by issuance of separate policies, or otherwise, that the separating officer does not receive cash values and other benefits under the policies assigned to the officer which exceed the present value of his or her vested interest under the retirement plan, inclusive of the officer’s contribution to the plan; the contributions by the state shall not be exhausted faster merely because the method of funding adopted was through insurance companies.

(9)

The police officer shall have the right at any time to give the board of trustees written instructions designating the primary and contingent beneficiaries to receive death benefit or proceeds and the method of the settlement of the death benefit or proceeds, or requesting a change in the beneficiary, designation or method of settlement previously made, subject to the terms of the policy or policies on the officer’s life. Upon receipt of such written instructions, the board of trustees shall take the necessary steps to effectuate the designation or change of beneficiary or settlement option.

Source: Section 185.061 — Use of annuity or insurance policies, https://www.­flsenate.­gov/Laws/Statutes/2024/0185.­061 (accessed Aug. 7, 2025).

185.01
Legislative declaration
185.02
Definitions
185.03
Municipal police officers’ retirement trust funds
185.04
Actuarial deficits not state obligations
185.05
Board of trustees
185.06
General powers and duties of board of trustees
185.07
Creation and maintenance of fund
185.08
State excise tax on casualty insurance premiums authorized
185.09
Report of premiums paid
185.10
Department of Revenue and Division of Retirement to keep accounts of deposits
185.11
Funds received by municipalities, deposit in retirement trust fund
185.12
Payment of excise tax credit on similar state excise or license tax
185.13
Failure of insurer to comply with chapter
185.015
Short title
185.16
Requirements for retirement
185.18
Disability retirement
185.19
Separation from municipal service
185.21
Death prior to retirement
185.23
Duties of Division of Retirement
185.25
Exemption from tax and execution
185.30
Depository for retirement fund
185.31
Municipalities and boards independent of other municipalities and boards and of each other
185.34
Disability in line of duty
185.35
Municipalities that have their own retirement plans for police officers
185.37
Termination of plan and distribution of fund
185.38
Transfer to another state retirement system
185.39
Applicability
185.50
Retiree health insurance subsidy
185.60
Optional participation
185.061
Use of annuity or insurance policies
185.085
Determination of local premium tax situs
185.105
Police and Firefighters’ Premium Tax Trust Fund
185.161
Optional forms of retirement income
185.162
Beneficiaries
185.185
False, misleading, or fraudulent statements made to obtain public retirement benefits prohibited
185.191
Lump-sum payment of small retirement income
185.221
Annual report to Division of Retirement
185.341
Discrimination in benefit formula prohibited

Current through Fall 2025

§ 185.061. Use of annuity or insurance policies's source at flsenate​.gov