CAO 98-05TO:
FROM:
SUBJECT:
OFFICE OF THE CITY ATTORNEY
CITY OF MIAMI BEACH
C.A.O. NO. '98-5
C.MoO. NO. 5-2198
SERGIO RODRIGUEZ
CITY MANAGER
MURRAY H. DUBBIN
CITY ATTORNEY
REOUEST FOR CITY ATTORNEY OPINION REGARDING PROVISION FOR PAYOUT TO THE
DESIGNATION BENEFICIARY (ffiS) OF ANY UNPAID EARNINGS AND ACCUMULATED SICK
AND VACATION TIME UNDER THE LEAVE ORDINANCE
DATE: Apri17o1998
Generally, all funds owed to a deceased employee must be paid to the employee's probate estate. See Florida
Statutes, Chapter 733. Those monies are the subject to estate tax and the claims of the deceased employee's
creditors. Id. Florida Statutes §222.15, however, provides an exception to that rule for a deceased employee's
unpaid wages. Section 222.15 permits direct disbursement of unpaid wages to the employee's spouse, or to the
employee's chikLiaer ,18 years of age if there is no spouse, or to the employee's parent if there is no spouse or child.
Accordingly, deignation of a beneficiary to receive the unpaid wages is not necessary nor would designation of an
individual other than those listed in the statute (or in an order different then the one provided) be permitted.
Also, the statute is silent as to disbursement of unpaid sick and vacation leave pay. And, although there has
been no specific determination under the statute as to whether sick and vacation pay are wages, there is some
authority within the worker's compensation statute to suggest that they are not. See e.o. Baeza v. Pan
American/National Airlines. Inc.. 392 So.2d 920 (Fla. 3rd DCA 1981 ). Moreover, the City does not consider sick and
vacation leave pay as wages in calculating benefits under the City's pension plans. Therefore, because the statute
is silent as to unpaid sick and vacation leave pay, and because improper payment of those funds outside of the probate
estate may impose liability on the City, the unpaid sick and vacation leave pay should be paid to the deceased
employee's estate in accordance with the general rule.
MHDISAS:mm
CC:
Richard Bender, Executive Assistant to the City Manager
T.C. Adderly, Human Resources Director
OFFICE OF THE Cr'FY ATTORNEY - 1700 CONVENTION CENTER DRIVE - MIAMI BEACH, FLORIDA 33139