Employees' Retirement System of Alabama v. Nesmith

ROBERTSON, Presiding Judge.

This is an appeal from a declaratory judgment which determined, inter alia, that the Board of Control of the Employees’ Retirement System of Alabama (ERS) had misapplied the law governing reemployment of state retirees and that Johnny B. Nesmith’s performance of an employment contract with the City of Cullman (City) would not constitute a “return to active service” within the meaning of the applicable law.

ERS was established for the purpose of providing retirement benefits to state employees and employees of the state’s political subdivisions. See §§ 36-27-1 through…