Fike v. Board of Trustees, Teachers' & State Employees' Retirement System

ARNOLD, Judge.

The dispositive issue of this appeal is whether the Retirement System may be estopped from denying Dr. Fike disability retirement benefits. Petitioner contends that Mrs. Ellis, as the retirement representative at North Carolina State University, had apparent authority to accept the application on behalf of the Retirement System and therefore respondent should be estopped from denying that the application was filed on 15 August 1978 and approved effective 1 October 1978.

The essential elements of equitable estoppel were defined by the Supreme Court in Hawkins v. Finance Corp., 238…