John N. Parker v. the Board of Trustees of the City Pension Fund for Firefighters & Police…

Summary

The court held that the prevailing-party attorney-fee provisions in sections 175.061(5) and 185.05(5) apply to judicial proceedings enforcing claims under local-law firefighter and police pension plans, including benefits created by a special act. Because the local plan operated within the statutory framework of chapters 175 and 185, the class action seeking unpaid 13th Check benefits was brought pursuant to those chapters, and the fee claim was adequately pleaded. Justice Canady, dissenting, would have held that the provisions do not apply because the 13th Check benefits were not required by chapters 175 or 185.