HIALEAH CITY CODE — CHAPTER 70 (RETIREMENT AND PENSIONS)
ARTICLE VI. — FIREFIGHTERS' RELIEF AND PENSION FUND
Source: Municode, Code of Ordinances, City of Hialeah, FL. Supplement 44, online content updated November 11, 2025. Codified through Ordinance No. 2025-057.
Cross reference — Fire department, § 2-86 et seq. State Law reference — Municipal firefighters' pension trust fund, F.S. ch. 175.
DIVISION 1. — GENERALLY
Sec. 70-401. — Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Board means the board of trustees of the firefighters' relief and pension fund.
Firefighters means employees of the fire department who are certified as firefighters by the state, as the board shall determine to be engaged directly in firefighting or fire prevention work.
Fiscal year means the year extending from October 1 to the following September 30, both dates inclusive.
Fund means the firefighters' relief and pension fund.
Immediate family means the wife, the children, the grandchildren and the parents of the participant, and the parents of the participant's wife and any other persons who are living in the family relation with the participant and who are dependent upon the participant for a substantial portion of their maintenance.
Net credit means the amount standing to the credit of a participant's share account, as at the end of the last preceding quarter.
Participant means every firefighter of the city eligible to have moneys credited to the firefighter's share account and to receive benefits therefrom under this article.
Service means all time served as a permanently appointed firefighter of the city for which regular compensation is paid by the city and all time during which a participant is absent on military leave. It includes all leaves of absence with pay, but does not include leaves of absence during which no regular compensation is paid by the city except military leave.
(Code 1960, § 24-58; Ord. No. 81-62, § 2, 5-26-1981)
Sec. 70-402. — Created.
A firefighters' relief and pension fund, to be administered in accordance with this article and such additions, deletions and corrections as shall be enacted, is created.
(Code 1960, § 24-59; Ord. No. 81-62, § 2, 5-26-1981)
Sec. 70-403. — Purpose; scope.
The purpose of this article is to implement the provisions of F.S. ch. 175 and to provide means whereby firefighters of the city may receive benefits from the funds provided for that purpose by F.S. ch. 175. This article shall be deemed to supplement any other pension plan of the city insofar as benefits to firefighters are concerned, and nothing in this article shall be construed to in any way affect the operation or benefits of any other pension plan of the city.
(Code 1960, § 24-60; Ord. No. 81-62, § 2, 5-26-1981)
Sec. 70-404. — Persons entitled to participate.
Each person who was a firefighter of the city on August 12, 1952, or at any time subsequent thereto shall be participant in the firefighter's relief and pension fund, subject to the provisions of this article.
(Code 1960, § 24-61; Ord. No. 81-62, § 2, 5-26-1981)
Sec. 70-405. — Number of shares to which participants are entitled.
(a) Each firefighter will be entitled to shares in the firefighters' relief and pension fund based upon his service as a firefighter of the city as follows:
1 through 4 years — 5 shares
5 through 9 years — 6 shares
10 through 14 years — 7 shares
15 through 19 years — 8 shares
20 through 24 years — 9 shares
25 through 29 years — 10 shares
30 through 34 years — 11 shares
35 through 39 years — 12 shares
40 through 44 years — 13 shares
45 through 49 years — 14 shares
(b) In computing the number of shares in the fund each firefighter shall be entitled to, no credit will be given for service prior to January 1, 1940.
(Code 1960, § 24-62; Ord. No. 81-62, § 2, 5-26-1981)
Sec. 70-406. — Determination of value of participant's shares.
(a) The total moneys received through the state shall be allocated and the value of the respective participant's shares in the firefighters' relief and pension fund shall be determined as follows:
(1) The board of trustees shall pay for all costs and expenses of management and operation for the fiscal year last ended.
(2) The board shall set aside so much of the income as it considers advisable as a reserve for expenses for the then-current fiscal year.
(3) After deducting the moneys called for by subsections (a)(1) and (2) of this section, the remaining moneys shall be allocated and credited to the share accounts of the respective participants.
(4) Interest earned on existing funds shall be credited to each account on a quarterly basis.
(b) The number of shares to which each and every participant is entitled as at the close of each fiscal year shall be added together, and the total number of shares thus determined shall be divided into the net amount of money received through the state available to be allocated and credited to the respective share accounts. The amount to be credited to the account of each participant will then be obtained by multiplying the value determined for one share by the total number of shares to which each participant is entitled.
(c) As promptly as practicable after the close of each fiscal year, the value of each participant's share shall be calculated and credited to his share account as at the end of the fiscal year for which the calculation is made. Such calculation shall be made and credits allocated to share accounts once only in each fiscal year, and prorations shall not be made for a part of a fiscal year.
(Code 1960, § 24-63; Ord. No. 81-62, § 2, 5-26-1981)
Sec. 70-407. — Establishment of accounts; credits; vested rights.
(a) An individual account will be established for each firefighter in the firefighters' relief and pension fund, and the amount to which each firefighter is entitled shall be credited to his account as at the end of each fiscal year. No credit of funds collected through the state funds shall be made to an individual's account after he shall be separated from service in the fire department, whether by retirement, transfer to another city department, or in any other manner.
(b) After May 26, 1981, vested rights for new participants shall begin after a participant receives his seventh share allotment. Any participant being separated from service in the fire department for any of the reasons listed in subsection (a) of this section prior to attaining vested rights shall forfeit all money and interest credited to his account. These monies shall be treated as income from the state and allotted to remaining shareholders as outlined in section 70-406.
(Code 1960, § 24-64; Ord. No. 81-62, § 2, 5-26-1981)
DIVISION 2. — BOARD OF TRUSTEES
Cross reference — Boards, commissions and committees, § 2-581 et seq. State Law reference — Board of trustees, F.S. § 175.061.
Sec. 70-436. — Created; composition; terms; officers; voting; vacancies; compensation.
(a) There is created a board of trustees of the firefighters' relief and pension fund, which board shall consist of five firefighters, to be elected for a two-year term each, from among the participants of the fund by such participants.
(b) The board shall annually elect from its membership a chairman and a secretary, who shall keep complete minutes of all proceedings of the board. All actions of the board shall be by majority vote of the board.
(c) If a vacancy occurs in such trusteeship, a firefighter shall be elected to complete the unexpired term.
(d) Trustees shall receive no compensation as such.
(Code 1960, § 24-65; Ord. No. 81-62, § 2, 5-26-1981; Ord. No. 2005-78, § 1, 9-13-2005)
Sec. 70-437. — Powers and duties generally.
The board of trustees shall have power and authority to:
(1) Invest and reinvest the assets of the firemen's relief and pension fund (fund) according to the general powers and duties afforded to the board of trustees of municipal firefighters pension trust funds by state law, particularly, F.S. § 175.071(1)(a), (b).
(2) Convert securities of the fund into cash.
(3) Issue drafts upon the fund signed by the chairperson and secretary of the board.
(4) Interpret the provisions of this article wherein the meaning is not clear or ambiguity exists, and promulgate necessary rules respecting the operation of the fund, not in conflict with the wording or clear intent of this article.
(5) Authorize expenditures in connection with preliminary research and technical services, legal services, accounting, auditing and general administration of the fund.
(6) Do such other things as may be necessary to implement and provide for the proper functioning of the fund.
(Code 1960, § 24-66; Ord. No. 81-62, § 2, 5-26-1981; Ord. No. 99-86, § 1(24-66), 8-24-1999)
Sec. 70-438. — Custodian of fund; duties generally.
The custody of all securities and cash of the firefighters' relief and pension fund shall be vested in the board of trustees, which shall select such appropriate banking facilities as may be necessary for the protection and safeguarding of such securities and cash. The board shall appoint a treasurer and an assistant treasurer, to be selected from among the participants in the fund. They shall keep the books and records of the fund. The treasurer or the assistant treasurer shall only issue vouchers against such cash of the fund upon the presentation of warrants as provided for in section 70-437. Such vouchers must be signed by either the treasurer or the assistant treasurer, plus one member of the board of trustees. Neither the treasurer nor the assistant treasurer shall be held responsible for the action of the board in directing the disbursement of any of the funds, nor shall they be required to see to the proper application of the funds after withdrawal. The sole responsibility shall be the honoring of the duly executed warrants of the board to the extent of the funds in their control available for disbursement.
(Code 1960, § 24-67; Ord. No. 81-62, § 2, 5-26-1981)
DIVISION 3. — INSURANCE PREMIUM TAX
Cross reference — Taxation, ch. 86. State Law reference — Insurance premium tax authority, F.S. § 175.101.
Sec. 70-466. — Assessed.
There is assessed and imposed on every insurance company, corporation or other insurer in the city engaged in or carrying on or who shall engage in or carry on the business of insuring property against loss or damage by fire or tornado an excise or license tax amounting to two percent of the gross amount of receipts of premiums from policyholders on all premiums collected on fire and tornado insurance policies covering property within the city limits.
(Code 1960, § 24-55; Ord. No. 81-62, § 2, 5-26-1981)
Sec. 70-467. — Disposition of moneys.
All money derived from the taxes imposed by this division is appropriated for the benefit of members of the fire department and their successors, to be administered in accordance with F.S. ch. 175, providing for the creation and administration of a firefighters' relief and pension fund in certain cities and towns.
(Code 1960, § 24-56; Ord. No. 81-62, § 2, 5-26-1981)
Sec. 70-468. — Additional license taxes.
The excise tax assessed and imposed in this division shall be in addition to all other taxes levied by the city, but is a tax collected by the state which will be credited to the city under F.S. ch. 175.
(Code 1960, § 24-57; Ord. No. 81-62, § 2, 5-26-1981)
DIVISION 4. — BENEFITS
Sec. 70-496. — Responsibility of city.
The city shall have no responsibility for the operation of the firefighters' relief and pension fund except as specified in this article and shall bear no expense in the operation of the fund.
(Code 1960, § 24-71; Ord. No. 81-62, § 2, 5-26-1981)
Sec. 70-497. — Payments upon participant's death.
If a participant in the firefighters' relief and pension fund shall die while in service, the participant's net credit shall be paid to such beneficiary as the participant shall have designated by written designation filed with the board of trustees. If the participant shall not have designated a beneficiary, the net credit shall be paid to his estate.
(Code 1960, § 24-68; Ord. No. 81-62, § 2, 5-26-1981)
Sec. 70-498. — Separation benefits.
If a participant shall separate from service with the fire department for any reason whatsoever and meets the vested rights requirements of this article, the participant shall be paid the entire amount to the participant's net credit as at the end of the last preceding quarter, in such manner as the participant shall elect to receive it, either in a lump sum or in installments. If payment is made by installments, interest shall be credited based on interest earned on existing funds on unpaid balances, and installment payments shall not be more frequent than each calendar quarter-year.
(Code 1960, § 24-69; Ord. No. 81-62, § 2, 5-26-1981)
Sec. 70-499. — Rights and benefits not subject to legal process.
The rights and benefits provided for in this article are vested rights of participants in the firefighters' relief and pension fund and shall not be subject to attachment, garnishment, execution or any other legal process, except as is specifically set forth in this article.
(Code 1960, § 24-70; Ord. No. 81-62, § 2, 5-26-1981)