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Tag Archives: Retirement

Labor & Employment – Public Employees – Retirement – Return to Work – Same Month (access required)

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.

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Public Utilities – EMC – Deceased Members – Capital Credits – Retirement – Discount – Tort/Negligence – Breach of Fiduciary Duty Claim (access required)

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.

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Public Utilities – EMC – Deceased Members – Capital Credits – Retirement – Discount – Tort/Negligence – Breach of Fiduciary Duty Claim (access required)

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.

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Public Utilities – EMC – Deceased Members – Capital Credits – Retirement – Discount – Tort/Negligence – Breach of Fiduciary Duty Claim (access required)

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.

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Labor & Employment – Public Employees – Retirement – Taxation – Statutory Amendment (access required)

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 ...

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Labor & Employment – Public Employees – Retirement – Disability – Vested Benefits – DIP (access required)

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.

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Labor & Employment – Public Employees – Retirement – Interim Town Manager – ‘Employee’ – 1,000-Hour Requirement (access required)

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.

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