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Ms. Annette Star Lustgarten City Attorney City of Miramar Post Office Box 3838 Miramar, Florida 33083

Dear Ms. Lustgarten:

You ask on behalf of the Mayor and the City Commission of the City of Miramar substantially the following question:

Does the establishment of an annuity by the city commission for a retired city employee who is currently receiving pension benefits from the existing city pension plan violate s. 215.425, F.S.?

In sum, I am of the opinion that:

The establishment of an annuity by the city commission for a retired city employee who is currently receiving pension benefits under the…