Legal Opinion
Simpson v. North Carolina Local Government Employees' Retirement System
Court of Appeals of North Carolina
Decided December 22, 1987No. 8710SC400PublishedCited by 33 opinions
1Opinion of the Court
WELLS, Judge.
The question presented is whether the pension rights of vested members of the North Carolina Local Governmental Employees’ Retirement System (Retirement System) may be made subject to adverse legislative modification without violation of U.S. Const, art. 1, § 10, cl. 1, prohibiting states from enacting any law “impairing the Obligation of Contracts.” This is a case of first impression in North Carolina.1
The facts are not in dispute. Both plaintiffs are former firemen for the City of Greensboro who have qualified for disability benefits under the Retirement System. Mr. Simpson…
2Cases cited15 opinions
- Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
- United States Trust Co. of NY v. New JerseySupreme Court of the United States · 1977
- Yeazell v. CopinsArizona Supreme Court · 1965
- Pineman v. OechslinSupreme Court of Connecticut · 1985
- Bridges Ex Rel. City of Charlotte v. City of CharlotteSupreme Court of North Carolina · 1942
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3Cited by33 opinions
- Bailey v. StateSupreme Court of North Carolina · 1998
- Faulkenbury v. Teachers' & State Employees' Retirement SystemSupreme Court of North Carolina · 1997
- Wells v. Consolidated Judicial Retirement SystemSupreme Court of North Carolina · 2001
- Taylor v. State & Education Employees Group Insurance ProgramSupreme Court of Oklahoma · 1995
- Faulkenbury v. Teachers' & State Employees' Retirement SystemCourt of Appeals of North Carolina · 1993
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