Legal Opinion
Commissiong v. Government Employees Retirement Writ of Review System
Supreme Court of The Virgin Islands
Decided October 9, 1998No. Civ No. 147/93PublishedCited by 1 opinion
1Opinion of the CourtHodge, Presiding Judge
MEMORANDUM OPINION
The question presented is whether the GERS may vitiate the certifications of the Executive Director of WAPA regarding "eligible" positions and substitute the opposite opinion of its own consultant, where the early retirement law specifically vests this duty solely in the Executive Director with respect to WAPA employees. For the reasons that follow, the Court holds that GERS may not vitiate such certifications, and that its decision, denying Petitioner early enhanced retirement benefits on that basis, must be reversed and remanded for reconsideration.
FACTS
Petitioner retired…
2Cases cited9 opinions
- Dixon v. United StatesSupreme Court of the United States · 1965
- David J. Diersen v. Chicago Car ExchangeCourt of Appeals for the Seventh Circuit · 1997
- In the Matter of the Estate of Van B. Hooper, Deceased. The Government of the Virgin IslandsCourt of Appeals for the Third Circuit · 1966
- Donastorg v. Government Employees' Service CommissionDistrict Court, Virgin Islands · 1968
- Hosier Ex Rel. Hosier Ex Rel. De Vallard v. EvansDistrict Court, Virgin Islands · 1970
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3Cited by1 opinion
- Molloy v. Government Employees Services CommissionSupreme Court of The Virgin Islands · 2000