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Labor & Employment – Public Employees – Retirement – Return to Work – Same Month

Tate v. North Carolina Department of State Treasurer, Retirement Systems Division (Lawyers Weekly No. 12-09-0993, 5 pp.) (Julian Mann III, Ch.ALJ) 11 DST 04675; OAH

Holding: When petitioner returned to work for the Greensboro ABC Board in the same month in which he retired from the Board, petitioner’s retirement in the Local Government Employees Retirement System became null and void.

Petitioner has received a $39,679.08 overpayment of retirement benefits (from January 2008 through January 2011). Respondent is entitled to recover the overpayment from petitioner’s retirement benefits.

 


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