City of Miami v. Smith

(specially concurring).

I fully concur in the disposition of points one and two for the reasons stated in the opinion for the court. I also concur in the decision to strike the alternative finding of the appealed order, but I do so for reasons other than those stated in the court’s opinion. My understanding of the briefs and record is that the approximately $20,000 of •contributions made by claimant to the pension fund were used to cover the cost of continuing the payment of pension benefits to claimant’s wife after his death. This use of these contributions precludes any application thereof…