Kennedy v. South Carolina Retirement System

I concur with Parts II and III of the majority opinion.18 However, I respectfully dissent from Part I of the opinion.

The dispute in this case concerns the General Assembly’s 1986 amendment to the definition of “average final compensation” for State employee retirement purposes found in South Carolina Code Ann. § 9-1-10(17) (Supp.1999).19 See Act. No. 540, Part II, § 25A, 1986 Acts 4897.20 More particularly, the dispute concerns the amendment’s effect on the calculation of the value of unused annual leave.

Prior to 1978, § 9-1-10(17) defined “average final compensation” as follows:(17) “Average…