Griffin v. Board of Commissioners of the Law Enforcement Officers' Benefit & Retirement Fund

PHILLIPS, Judge.

In September 1981 plaintiff, a retired Mecklenburg County law enforcement officer, began receiving disability retirement payments from the Law Enforcement Officers’ Benefit and Retirement Fund established by G.S. 143-166, et seq. Because he had certain other earnings during 1982, in April 1983 defendant demanded, under the authority of G.S. 143-166(y), that plaintiff return a certain amount of the money that he received from the fund that year. Plaintiff paid the sum demanded under protest and brought this suit to recover it. In the complaint he alleged only that the…