Section 75-8.004 - Retired Jai Alai Players Charity Days Fund: Accumulation Payments and Reporting(1) Section 550.0351(8), F.S., authorizes jai alai permitholders to conduct two additional charity performances each fiscal year for a fund to benefit retired jai alai players. The proceeds derived from each "Retired Jai Alai Players Charity Day" shall be deposited to the fund. In determining the amount to be deposited to the fund, the permitholder shall not deposit an amount less than the amount that would ordinarily be remitted as state taxes.(2) Bank Account. Each permitholder conducting Retired Jai Alai Players Charity Days, shall maintain a separate fund account as follows:(a) A separate interest bearing bank account shall be established upon reaching a balance of 2, 500 dollars. Any interest earned by the bank account shall accrue to the fund.(b) For balances of 2, 500 dollars or less, the permitholder shall not be required to maintain a separate interest bearing bank account.(c) Proceeds derived from the Retired Jai Alai Players Charity Day shall be deposited to the fund within 30 days after the conclusion of the permitholder's playing season.(3) The permitholder shall, within 30 days after the conclusion of its playing season, make payment to any eligible jai alai player who retired during the permitholder's playing season. A jai alai player is eligible for payment by the fund provided:(a) The player has played in the State of Florida no less than 10 consecutive years at the time of retirement.(b) The last 3 years prior to retirement must be consecutive years at the jai alai fronton making the payment, except that:1. Where more than one fronton is owned by the same parent company, the total time playing within the State of Florida under the same parent company shall be considered toward the 3 years eligibility requirement.2. Where two or more frontons have agreed to share players in a rotating basis, the total time playing for all the frontons involved in the agreement shall be considered toward the 3 years eligibility.3. Where a player that is otherwise eligible cannot complete the 3 years eligibility due to illness or injury, the permitholder shall waive the 3 years eligibility requirement.(4)(a) Any payment made to an eligible jai alai player shall be in a lump sum in the amount of $1,000 for each year of service with a permitholder in the State of Florida and only upon retirement. If there is insufficient monies in the fund, the player shall receive all monies remaining in the fund. However, in the event that a group of players retired within the same playing season, the amount available in the fund shall be paid on a pro rata basis according to the formula indicated below. Any balance remaining in the fund after disbursement to all eligible players shall be carried over to the next year. If there is no eligible player, one hundred percent of the fund shall be carried over to the next year. Individual's total
years of service | x | Total in the Fund |
Aggregate years of service of the group | | (Times) |
(b) A retiring player must give to the permitholder a written notice of his intent to retire no less than 25 days prior to the end of the permitholder's playing season. If this notice requirement is not met, and the player was eligible for retirement monies, then for the purposes of this rule the player shall be considered as retiring on the first day of the next playing season.(c) Players are entitled to one disbursement from the fund. If a player returns to active jai alai playing, the player shall not qualify for benefits from the Retired Jai Alai Players Charity Days at the time of any subsequent retirement.(d) If two permitholders operate at the same fronton, and each has a fund, they may combine the funds for the players who have played for both permitholders.(5) Any player who retired on or after December 16, 1992, and who otherwise meets the qualifying criteria, is eligible to receive monies under this rule.(6)(a) The permitholder shall submit Form FGCC PMW-3620, Retired Jai Alai Players Fund Distribution, adopted and incorporated by Rule 75-10.001, F.A.C., to the division within 120 days after the end of the permitholder's fiscal year.(b) Permitholders shall file reports as required by Rule 75-8.003, F.A.C., Reporting Requirements for Charity/Scholarship Performances.Fla. Admin. Code Ann. R. 75-8.004
Rulemaking Authority 550.0251(3), 550.0351(8) FS. Law Implemented 550.0251, 550.0351 FS.
New 10-20-96, Amended 12-15-97, 4-12-06, Formerly 61D-8.004.New 10-20-96, Amended 12-15-97, 4-12-06, Formerly 61D-8.004.