City of Daytona Beach v. Caradonna

2 Citing cases

  1. Amsel v. City of Daytona Beach

    641 So. 2d 461 (Fla. Dist. Ct. App. 1994)

    The board answered in the negative and the circuit court agreed. Amsel's situation is unlike that of the retired police officers and fire-fighters in City of Daytona Beach v. Caradonna, 456 So.2d 565 (Fla. 5th DCA 1984), where they had retired on disability prior to amendment of the pension plan. This court affirmed the trial court's decision that the right of retired employees became vested at the time of their retirement and could not be impaired or reduced by subsequent legislation.

  2. O'Connell v. State Dept. of Admin

    557 So. 2d 609 (Fla. Dist. Ct. App. 1990)   Cited 2 times
    Holding that employee's benefits vested when he reached normal retirement date and he was entitled to terms of act in effect at time of vesting

    His retirement benefits vested on that date. "[O]nce a participating member reaches retirement status, the benefits under the terms of the act in effect at the time of the employee's retirement vest." Florida Sheriffs Assoc. v. Department of Administration, Div. of Retirement, 408 So.2d 1033, 1036 (Fla. 1981); see State ex rel. Stringer v. Lee, 147 Fla. 37, 2 So.2d 127 (1941) (employees become eligible for retirement upon meeting all the requirements of the act creating the retirement system); Grady v. Division of Retirement, 387 So.2d 419 (Fla. 1st DCA 1980) (no entitlement to pension benefits where appellants have neither retired nor satisfied the conditions of law for retirement benefits). Under section 121.091, O'Connell could have applied for, and received, retirement benefit payments as early as October 31, 1985. City of Daytona Beach v. Caradonna, 456 So.2d 565, 567 (Fla. 5th DCA 1984), is distinguishable from the case before us. In deciding that benefits vest at the actual time of retirement, that court dealt with employees whose retirement resulted from disability, rather than completion of service.