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CITY OF MIAMI v. DYER

No. 95-920.

671 So.2d 174 (1996)

CITY OF MIAMI, Appellant, v. Robert DYER, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 24, 1996.

Attorney(s) appearing for the Case

A. Quinn Jones, III, City Attorney, and Kathryn S. Pecko, Assistant City Attorney, for appellant.

Klausner & Cohen, and Robert D. Klausner, Hollywood, for appellee.

Before SCHWARTZ, C.J., and LEVY and GODERICH, JJ.

SCHWARTZ, Chief Judge.

In the judgment under review, the trial court ordered the City of Miami to pay sums for the creditable years "bought in" for the time he served in the military by the appellee Dyer, a retired city police officer, in addition to the city service-connected disability retirement allowance he was receiving from its pension fund. This was plain error because, unlike the pension allowances provided under other circumstances, which are calculated on...

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