Sounds right to us. Decedent retired in 1990 and fathered a child four years later. Upon decedent's death, the personal representative of his estate brought suit against the Board of Trustees and the City of Miami Beach seeking benefits for the minor child. In issuing a final declaratory judgment, the Circuit Court found that under the unambiguous provisions of the retirement system, the minor child is not entitled to any benefits. As general counsel, we represented the Board of Trustees in this matter.
False hope is nicer than no hope at all.
The United States District Court for the Southern District of Florida found that the City of Miami discriminated on basis of race in its certification of several minority promotion candidates, resulting in unlawful promotion of two black employees. The Eleventh U.S. Circuit Court of Appeals vacated in part and remanded, finding the remedial award excessive and holding that the monetary value of the two promotions should have been divided on a prorata basis among the class of eligible candidates. We were co-counsel for our regular client, the Board of Trustees, which was not a party below, but which intervened on appeal for the purpose of assuring that the effect of any monetary relief on the pension plan would be City's responsibility. In somewhat of a twist, the results may cause legislators and other policy makers to view those pay levels as the standard, regarding the higher pay their own public pension fund officials receive as generous. Hence, they may be lulled into a false sense of security and see no need to be concerned about competition for talent.