HomeMy WebLinkAbout2585 SEYAIOUR B, FLF:MI , e~ al, vs.
~.~AWRENCE D. KIf~fM~2,, et al. .
CASE NO. 75 3R CA
"For the purpose of computing retiremer_t
individuals deEined in 2(d) shall be cre- . .
dited for one year service toward retirement
~ if such individual has servec9 over one-lialf .
year in which retiremen•~ is taken." ~
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Bcth Mr. Nottley and hir. Beardsley are eligible tor pension ~
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benefits~ as provided by. OrdinancP 74-18. First National Bank ~
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. and Trus~ Company of Stuart is hereby authori~ed i~o pay to
them their pension benefits now due and which may hereatter
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~ come due in accordance with Ordinance 74-18. - -
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As to the Defendant, Rupert J. Smith, Plain~iffs con--
tend that as City Attorney he was n~t eligible to be included ~
in the Cit~~ pension plan. In the Court's opinion, it was within ~
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, the authority of the City Council to include the_City Attorney. ~ ~
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i•ir. Smith has resigned as City_Attorney with more than ten years
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service, however he has not attained the age of sixty-five and ~
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is therefore not as yet qualified to receive his pension. Section ;
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3( f) of Ord inance 74-18 provides : ~
"Each member of the retirement system shall be - ~
vested with the-sum on deposit in the retire-
- . ment trust fund.at the rate of ten percent (10%)
p~r year of service. After ten years service ;
. . there shall be one hundred per_cent t100/) vesting.
- HoweveY, when any member reaches normal retire-
- ment age he or she shall be one hundred percent
(100%) vested." - _ . "
Mr. Smith having more than ten years of service ~s ~herefore_ _ - ~
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100% vested. First National Bank and Trust Company of Stuart ~
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is hereby authorized to pay under the terms of Ordinance 74-18, ~
whatever pension benefits might hereafter- become due to Rtipert
J. Smith. -
A Gifferent situation is presented in the case in-- -
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volving Lawrence D. Kimmel. Mr. Kimmel is still a member of ~
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'I~ the City ~Council ot Port St. Lucie. -Orc:inance 74-18, on Fe'aru- . ~
ary 11, 1975, was amended by Ordinance 75-3. The amended_
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Ordinance provides that any elected officer who has ;~eld office ~
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