HomeMy WebLinkAbout2586 S~YMOUR B. FLEM1 , e~ al, V~.
I,F~WRENCE D. KIMMEL, et a].
CASE NO. 75-38 CA
for a p~riod of twen~y years or more~consecutively, may resign
or re~ire and receive ~or ttie remainder oF his life, one-half
of his salary a~ the time of his resignation or retirement.
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However such question is not presently before the Coiirt. The ~
only determination which the Court makes at this time is that ~
under Section 3ft) ot Ordinance 74-18, Mr. Kimmel has a 40% ~
- vested right to~the sums deposited on his behalf iii the Port ~
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St. Lucie Retirement Trust Fund by virtue of his having been a ~
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member of the City Council of Port St. Lucie for over four years. - ~
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The temporary injunction previously entered by the
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Court in this case, restraining First National Bank and Trust
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Company of Stuart from making any payments from the Pension Trust ~
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- Fund, is hereby dissolved. First National_Bank and Trust Company ~
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f S u t may m ke wh teve payments are due undex' the terms of
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the Pension Plan and which are authorized by law. ~
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COUNT IV .
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_ This portion of the law suit deals with an $1,800.00 !
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payment made by the City to former Councilrnan Harold W. Nottley. 3
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Councilman Nottley resigned from the-City Councii on December 1, - ~
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197~, and was paid the ~um of $l, 800.00 as "severance pay". }
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_ ~rhis payment was based upon Urdinance 73-5, which provided that
. Cour~cilmen could receive severance pay on th~ basis of one month's ~
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pay for each year of service. Other employees were to be paid '
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~ "severance pay" at the rate of one-half month's pay for each year ~
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of service. It also provided that total payments could not exceed ~
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six months. The resolution in question was subsequently_repealed 3
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. on December_24, 1974. The only "severance pay" paid under this ~
$
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Ordinance was to Mr. Nottley. Councilman Beardsley, ~aho also re- ?
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signed prior to the expiration of his term, did not receive
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"severance pay" /has stipulated -in this proceeding that he will ;
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~ make no st~ch c la im. _ ~
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600K PAGE~G~e~
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