Posted on Mon, Mar. 21, 2005


State Supreme Court rules in favor of State Retirement System


Associated Press

The state Supreme Court agreed Monday with a judge's decision that dismissed a lawsuit from two retirees who claimed they were owed more money after lawmakers changed the retirement system in 1986.

The case involves determining how unused leave is figured into the calculation of state retirement benefits.

Two Wellford employees sued in September 2001, claiming the system had miscalculated their retirement pay since 1986, when the Legislature changed the way retirees were credited for unused vacation time.

The retirees contend that a change in the law in 1986 meant their unused days should be added to their average salary calculation to determine retirement benefits.

The justices have rejected a similar claim. In May 2001, they ruled that four retired Spartanburg police officers should not have gotten credit for unused vacation, reversing a decision they made a year earlier that lawyers for the state argued could cost $1 billion.

The Supreme Court referred the case to Circuit Judge John Kittredge, who dismissed it on Feb. 24, 2004. The high court agreed with Kittredge's decision.





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