HomeMy WebLinkAbout2584 S~:YMOUR B. FLFMING, et al, vs.
LAWRENC~ D. KIMMEL, et al,
CASE NO. 75 38 CA
enti~led to receive death }~enefits under the pension plan as
the surviving beneficiary of Eugpne Kavanaugh. On October 22, ~
1974, Grace E, Kavanaugh recei.ved $15,000.00, as partial paymeii~
of her survivor's benefits. The remaining balance due was not
paid because of the temporary restraining order entered.by the
Court, First National Bank and Trust Company of Stuart is here-
by authorized to pay the remaining balance due to Grace E.
Kavana~gh as the stirviving beneticiary of Eugene Kavanaugh,
~ deceased. .
The Defendant, Harold W. Nottley, began serving as -
Port St. Lucie City Councilman on April 3, 1967, and continuc~usly
served in such capacity until his.retirement on December 1, 1974.
On January 1, 19.75, rir. Nottley received his first monthly pension
payment of $200.00, and was to receive payments on the first of ~
~ each month thereafter, bat subsequent payments have not been
' made as a result of the temporary injunction issued by the Court.
~ Councilman Franklin Beardsley b~egan serving as City ~
Councilman of Port St. Lucie on April 3, 1967, and cantinualty
served in that capacity until his retirem,~nt on December 31, 1974. -
~ On February 1, 1975, Mr. Beardsley was to have begun receiving
his monthly pension payments of $200.00 per month. None of these ~
payments have been made bPCause of ths temporary injunction issued -
by the Court. . -
Plain~iffs contend that Councilmen Nottley and Beardsley
are not qualified to receive their pension because they did not
serve eight years in office. It-has been stipulated that Mr.
Nottley served seven y~ars, eight months, and Mr. Beardsl~y
served seven years, nine months. However, for purpo~es of calcu- -
lating their service under the Port St. Lucie Pension Plan, they
~ qualify under Section 16, of Ordinance 74-18, ~rzhich states as ~
follows: _
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