§ 18-76. Definitions.

For the purpose of this article the following terms shall have the meaning hereinafter set forth:

Beneficiary shall mean the person or persons entitled to receive any benefits hereunder at the death of a member, who has or have been designated in writing by the member and filed with the board. If no such designation is in effect at the time of death of the member, or if no person so designated is living at that time, the beneficiary shall be the estate of the member unless the board, which shall have full authority to do so if it so desires, designates a beneficiary. If a member wishes to designate a Trust as his or her beneficiary, the Trust must satisfy the requirements set forth in A-5 of 26 C.F.R section 1.401(a)(9)-4 and any other applicable federal law at the time the Trust is designated by the member. When a Trust is named as a Beneficiary, the beneficiaries of the trust will be treated as Designated Beneficiaries under the plan, consistent with and for purposes of I.R.C. 401(a)(9). Prior to the designation becoming effective, the member shall provide to the Board with the required beneficiary designation form and a legal opinion from an attorney licensed by the State of Florida stating that the Trust satisfies requirements set forth in A-5 of 26 C.F.R section 1.401(a)(9)-4 and any other applicable federal law. Upon the provision of the foregoing, the designation of the Trust as beneficiary shall be accepted by the Board. The Board, its administrators, attorneys and consultants and the City, its elected officials, officers, and employees shall not be subject to liability or accountability by reason of the acceptance of the required Designation forms and legal opinions or by the Board allowing a Trust to be designated as a Beneficiary, all such liability being released as a condition of, and as consideration for, the Board allowing the designation. The member on his or her behalf and on behalf of his or her successors in interest shall hold harmless the Board, its administrators, attorneys and consultants and the City, its elected officials, officers, and employees from all liability for damages to persons which relates to, pertains to, or arises from or is caused by the Board allowing a Trust to be designated as a Beneficiary.

Board shall mean the board of trustees, which shall serve as trustee of the fund herein established and which shall have administrative authority and supervision of the volunteer system. The board shall be the plan administrator of the volunteer system.

Distributee includes an employee or former employee. In addition, the employee's or former employee's surviving spouse is a distributee with regard to the interest of the spouse.

Direct rollover shall mean a payment by the volunteer firefighters' retirement plan to the eligible retirement plan specified by the distributee.

Effective date shall mean May 21, 1980.

Eligible retirement plan shall mean an individual retirement account described in section 408(a) of the Internal Revenue Code, an individual retirement annuity described in section 408(b) of the Internal Revenue Code, an annuity plan described in section 403(a) of the Internal Revenue Code, or a qualified trust described in section 401(a) of the Internal Revenue Code, that accepts the distributee's eligible rollover distribution. However, in the case of an eligible rollover distribution to the surviving spouse, an eligible retirement plan is an individual retirement account or individual retirement annuity.

Eligible rollover distribution shall mean any distribution of all or any portion of the balance to the credit of the distributee, except that an eligible rollover distribution does not include: any distribution that is one of a series of substantially equal periodic payments (not less frequently than annually) made for the life (or life expectancy) of the distributee or the joint lives (or joint life expectancies) of the distributee and the distributee's designated beneficiary, or for a specified period of ten (10) years or more; any distribution to the extent such distribution is required under section 401(a)(9) of the Internal Revenue Code; and the portion of any distribution that is not includable in gross income.

Emergency responder shall mean a volunteer firefighter providing volunteer services to the city as a first responder, an emergency medical technician or a paramedic, whose name is carried on the active membership roll of the fire department, and whose duty it is to extinguish fires, to protect life and to protect property.

FMS response assignment shall mean any duly authorized call, alarm or signal to Plantation Volunteer Firefighters requiring them to respond for the purpose of rendering medical treatment, performing life-saving procedures, or any similar situation generally recognized as requiring the services of an emergency responder.

Fire alarm shall mean any duly authorized call, alarm or signal to Plantation Volunteer Firefighter requiring them to respond for the purpose of fighting fires, undertaking rescues, handling bomb alerts or any similar situation generally recognized as requiring the services of firefighter.

Fire inspector shall mean a fire inspector employed by the city whose name is carried on the active membership roll of the fire department, whose duty it is to extinguish fires, to protect life, and to protect property. A fire inspector is also a volunteer firefighter.

Fiscal agent shall mean the person or entity designated to serve as the investment agent and adviser and custodian of the fund of the volunteer retirement system. The fiscal agent shall be a fiduciary, as specified in Florida law.

Fund or trust shall mean the trust fund established as part of the volunteer retirement system; all funds, assets and contributions for the system shall be retained and accumulated in the fund.

Member shall mean any person designated a volunteer firefighter, and who is included in the volunteer retirement system as herein provided.

Position description shall mean a description of a volunteer firefighter's position which is approved by the fire chief and director of personnel.

Retiree shall mean any member or former member who is receiving benefits from the fund.

Retirement shall mean the occurrence of a member reaching their normal or early retirement date and electing to begin to receive benefits thereunder.

Volunteer firefighter shall mean any person whose name is carried on the active membership roll of the Plantation Volunteer Fire Association and whose duty it is to extinguish fires, to protect life, and to protect property, and who is a member of the fire department which has been assigned a position description. To be carried on the active membership roll of the association, a person must meet the criteria and standards established by the board of fire officers, with such criteria and standards to be approved, at all times, by the city council.

Volunteer system shall mean the City of Plantation Volunteer Firefighter Retirement System as established by this article.

(Code 1964, § 9A-21; Ord. No. 1648, § 1, 9-13-89; Ord. No. 1730, § 1, 8-29-90; Ord. No. 2010, § 1, 1-4-95; Ord. No. 2012, § 1, 1-4-95; Ord. No. 2140, § 1, 10-15-97; Ord. No. 2305, § 1, 8-27-2003; Ord. No. 2346, § 1, 8-10-2005; Ord. No. 2567, § 1, 6-13-2018 )