Malcom v. Newton County

Andrews, Presiding Judge.

Gerald D. Malcom, the former Sheriff of Newton County, sued Newton County claiming the County wrongfully terminated his retirement benefits under the County employee pension plan. Malcom appeals from the trial court’s grant of summary judgment in favor of the County and from the denial of his motion for summary judgment. For the reasons which follow, we reverse the judgment of the trial court and find that: (1) the County established a pension plan in which Malcom obtained a vested contractual right in consideration for his service as County Sheriff; and (2) the…