Sinkman v. State Employees' Retirement Board

CONCURRING OPINION BY

Judge FRIEDMAN.

I reluctantly concur. Like the majority, I conclude that the State Employees’ Retirement Board’s (Board) interpretation of the State Employees’ Retirement Code (Code)1 as requiring members who want to purchase credit for prior state service to purchase all such service is not clearly erroneous. I write separately, however, to express my belief that the language of the Code does not compel such an interpretation and to voice my concern with the inequity imposed by such a reading of the Code.

This case of first impression presents a unique set of facts that…