175.032  Definitions.--The following words and phrases used in this chapter shall have the following meanings, unless a different meaning is plainly required by the context:

(1)(a)  "Aggregate number of years of service" means the total number of years, and fractional parts of years, of service of any firefighter, omitting intervening years and fractional parts of years, when such firefighter may not be employed by the municipality or special fire control district. However, no firefighter will receive credit for years or fractional parts of years of service for which he or she has withdrawn his or her contributions to the fund for those years or fractional parts of years of service, unless the firefighter repays into the fund the contributions he or she has withdrawn, with interest, within 90 days after reemployment. Further, a firefighter may voluntarily leave his or her contributions in the fund for a period of 5 years after leaving the employ of the fire department, pending the possibility of being rehired by the same department and remaining employed for a period of not less than 3 years, without losing credit for the time he or she has participated actively as a firefighter. If he or she does not remain employed for a period of at least 3 years as a firefighter, with the same department upon reemployment, within 5 years, his or her contributions shall be returned to him or her without interest.

(b)  In determining the aggregate number of years of service of any firefighter, the time spent in the military service of the Armed Forces of the United States, or the United States Merchant Marine, while on official leave of absence in the event of a national emergency, shall be added to the years of actual service. However, credit for such military service shall not exceed 5 years. Further, to receive credit for such service:

1.  The firefighter must return to his or her employment as a firefighter of the municipality or special fire control district within 1 year from the date of release from such active service; and

2.  The firefighter must contribute into the fund the same sum which he or she would have contributed if he or she had remained a firefighter. Further, a request for credit for such military service must be made by the firefighter within 90 days after reentering the service of the fire department from such leave of absence granted, or such military service credit shall be forfeited forever.

(2)(a)  "Average final compensation for a full-time firefighter" means one-twelfth of the average annual compensation of the 5 best years of the last 10 years of creditable service prior to retirement, termination, or death or the career average as a full-time firefighter since July 1, 1953, whichever is greater. A year shall be 12 consecutive months.

(b)  "Average final compensation for a volunteer firefighter" means the average salary of the 10 best contributing years prior to change in status to a permanent full-time firefighter or retirement as a volunteer firefighter or the career average of a volunteer firefighter, since July 1, 1953, whichever is greater.

(3)  "Division" means the Division of Retirement.

(4)  "Enrolled actuary" means an actuary who is enrolled under Subtitle C of Title III of the Employee Retirement Income Security Act of 1974 and who is a member of the Society of Actuaries or the American Academy of Actuaries.

(5)(a)  "Firefighter" means any person employed solely in a constituted fire department of any municipality or special fire control district who is certified as a firefighter as a condition of employment in accordance with the provisions of s. 633.35 and whose duty it is to extinguish fires, to protect life, and to protect property. However, for purposes of this chapter only, "firefighter" also includes public safety officers who are responsible for performing both police and fire services, who are certified as police officers or firefighters, and who are certified by their employers to the Insurance Commissioner and Treasurer as participating in this chapter prior to October 1, 1979. Effective October 1, 1979, public safety officers who have not been certified as participating in this chapter shall be considered police officers for retirement purposes and shall be eligible to participate in chapter 185.

(b)  "Volunteer firefighter" means any person whose name is carried on the active membership roll of a constituted volunteer fire department or a combination of a paid and volunteer fire department of any municipality or special fire control district and whose duty it is to extinguish fires, to protect life, and to protect property. Compensation for services rendered by a volunteer firefighter shall not disqualify him or her as a volunteer. A person shall not be disqualified as a volunteer firefighter solely because he or she has other gainful employment. Any person who volunteers assistance at a fire but is not an active member of a department described herein is not a volunteer firefighter within the meaning of this paragraph.

(6)  "Property insurance" means property insurance as defined in s. 624.604 and covers real and personal property within the corporate limits of any municipality, or within the boundaries of any special fire control district, within the state. "Multiple peril" means a combination or package policy which includes both property and casualty coverage for a single premium.

(7)  "Salary" means the fixed monthly compensation paid a firefighter and where, as in the case of a volunteer firefighter, compensation is derived from actual services rendered, salary shall be the total cash compensation received yearly for such services, prorated on a monthly basis.

(8)  "Special fire control district" means a special district, as defined in s. 189.403(1), established for the purposes of extinguishing fires, protecting life, and protecting property within the incorporated or unincorporated portions of any county or combination of counties, or within any combination of incorporated and unincorporated portions of any county or combination of counties. The term does not include any dependent or independent special district, as defined in s. 189.403(2) and (3), respectively, the employees of which are members of the Florida Retirement System pursuant to s. 121.051(1) or (2).