Legal Opinion

Wehle v. SOUTH CAROLINA RETIREMENT SYSTEM

Supreme Court of South Carolina

Decided March 21, 2005No. 25951PublishedCited by 6 opinions

1Per curiam

This case is before us in our original jurisdiction asking that we construe S.C.Code Ann. § 9-1-10(4) (Supp.2003) which determines how unused annual leave is figured into the calculation of state retirement benefits.

We recently construed this provision in Kennedy v. South Carolina Retirement System, 345 S.C. 339, 549 S.E.2d 243 (2001). Kennedy involved the computation of “average final compensation” which is one of the factors used to calculate monthly state retirement benefits. Until 1978, average final compensation was defined under § 9-1-10(17) as:

the average annual earnable compensation…

2Cases cited9 opinions

  1. Charleston County Parks & Recreation Commission v. SomersSupreme Court of South Carolina · 1995
  2. Wigfall v. Tideland Utilities, Inc.Supreme Court of South Carolina · 2003
  3. Kennedy v. South Carolina Retirement SystemSupreme Court of South Carolina · 2001
  4. State v. 192 Coin-Operated Video Game MacHinesSupreme Court of South Carolina · 2000
  5. Powers v. PowersSupreme Court of South Carolina · 1962

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3Cited by6 opinions

  1. Hutto v. South Carolina Retirement SystemCourt of Appeals for the Fourth Circuit · 2014
  2. Hutto v. South Carolina Retirement SystemDistrict Court, D. South Carolina · 2012
  3. Duvall v. South Carolina Budget & Control BoardSupreme Court of South Carolina · 2008
  4. Comm'rs of Pub. Works of Laurens v. City of Fountain InnCourt of Appeals of South Carolina · 2018
  5. Planned Parenthood South Atlantic v. State of South CarolinaSupreme Court of South Carolina · 2023

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