The last week in July was a busy one for the North Carolina State Bar Council’s ethics committee. The committee approved five formal ethics opinions and adopted several proposed ethics opinions (we will write about those in this space in ...

Tagged with: Retirement

A former AT&T employee was entitled to recoup benefits lost because she misunderstood when she would become eligible for her pension, the 4th U.S. Circuit Court of Appeals has ruled in affirming a $122,000 judgment in Helton v. AT&T.

Tagged with: Retirement

Tate v. North Carolina Department of State Treasurer, Retirement Systems Division 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.

Tagged with: Labor & Employment Public Employees Retirement Return to Work

Lockerman v. South River Electric Membership Corp. Plaintiffs have failed to show that there is a fiduciary relationship between an electric membership corporation and its members. Therefore, plaintiffs have failed to prove the defendant-electric membership corporation breached a fiduciary duty when it discounted deceased members’ capital credits before paying them.

Tagged with: Breach of Fiduciary Duty Claim Capital Credits Public Utilities Retirement Tort/Negligence

Lockerman v. South River Electric Membership Corp. Plaintiffs have failed to show that there is a fiduciary relationship between an electric membership corporation and its members. Therefore, plaintiffs have failed to prove the defendant-electric membership corporation breached a fiduciary duty when it discounted deceased members’ capital credits before paying them.

Tagged with: Breach of Fiduciary Duty Claim Capital Credits Public Utilities Retirement Tort/Negligence

Lockerman v. South River Electric Membership Corp. Plaintiffs have failed to show that there is a fiduciary relationship between an electric membership corporation and its members. Therefore, plaintiffs have failed to prove the defendant-electric membership corporation breached a fiduciary duty when it discounted deceased members’ capital credits before paying them.

Tagged with: Capital Credits Public Utilities Retirement

Pendergraph v. North Carolina Department of Revenue (Lawyers Weekly No. 12-16-0233, 6 pp.) (John C. Martin, Ch.J.) Appealed from Wake County Superior Court. (John R. Jolly Jr., J.) N.C. App. Unpub. Full-text opinion. Holding: Where plaintiffs’ state and local government ...

Tagged with: Labor & Employment Public Employees Retirement statutory amendment Taxation

Smith v. Teachers’ & State Employees’ Retirement System Even though, when plaintiff first went to work for the state in 1986, disability retirement benefits were more generous than they are under the 1988 plan - the Disability Income Plan (DIP) - state employees’ rights in their retirement benefits do not vest until they have worked for the state for five years. Since plaintiff’s rights in her retirement benefits did not vest until 1991, her disability retirement benefits are payable under DIP rather than the previous plan.

Tagged with: disability Labor & Employment Public Employees Retirement

Beach v. North Carolina Department of Treasurer Respondent failed to show that petitioner worked at least 1,000 hours a year while he served as interim town manager; in fact, the evidence showed that petitioner did not work 1,000 hours a year. Respondent is bound by its own 1,000-hour rule, 20 NCAC 02C.0802.

Tagged with: Employee Public Employees Retirement

Cheek v. Cheek. (Lawyers Weekly No. 11-07-0396, 11 pp.) (Elmore, J.) Appealed from the Yadkin County District Court. (Jeanie R. Houston, J.) N.C. App. Click here for the full text of the opinion. Holding: Where a wife argues that the ...

Tagged with: Domestic Relations equitable distribution Retirement