BOARD OF TRUSTEES OF PENSION FUND OF CITY OF OWENSBORO v. ELLIOTT


226 S.W.2d 764 (1950)

312 Ky. 136

BOARD OF TRUSTEES OF PENSION FUND OF CITY OF OWENSBORO et al. v. ELLIOTT.

Court of Appeals of Kentucky.

January 31, 1950.


Attorney(s) appearing for the Case

Ridley M. Sandidge, Owensboro, for appellants.

Beckham A. Robertson, Owensboro, Hobson James, Owensboro, for appellee.


CAMMACK, Justice.

This case involves the question of what retirement allowance, if any, Jerry M. Elliott is entitled to under section 18 of the Civil Service Ordinance adopted by the City of Owensboro on July 1, 1939. Elliott is totally disabled. He is not 60 years of age, but he has 19 years' service with the City of Owensboro, the last 10 years of which have been since July 1, 1939. The lower court allowed him a pension equal to nineteen-fortieths of his average...

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