Gardner v. Board of Trustees of North Carolina Local Governmental Employees' Retirement System
Supreme Court of North Carolina
Appeal by plaintiff from Bobbitt, J., 6 April, 1946. From Meck-leNbueg. Affirmed. Petition for mandamus to require defendant to accept and enroll plaintiff as a member of its retirement system. Judgment was rendered on the pleadings for defendant and the plaintiff appealed.
1Opinion of the CourtDevin, J.
The question presented by this appeal is whether a city policeman, who is a member of and entitled to the benefits of the Law Enforcement Officers’ Benefit and Retirement Fund, is also eligible to become a member of the Local Governmental Employees’ Retirement System.
The court below held that plaintiff was excluded from membership in the Local Governmental Employees’ Retirement System by reason of the express provisions of the statute, G. S., 128-24 (2).
It was admitted in the pleadings that the plaintiff is and has been for a number of years a member of the police department of the City of…
2Cited by11 opinions
- Matter of Alamance County Ct. FacilitiesSupreme Court of North Carolina · 1991
- Lewis v. WhiteSupreme Court of North Carolina · 1975
- State v. DavisSupreme Court of North Carolina · 1967
- Bono v. KrommesSuperior Court of Pennsylvania · 1963
- Opinion of the Justices of the Supreme CourtSupreme Court of Delaware · 1974
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