Legal Opinion

Schimmeck v. City of Winston-Salem

Court of Appeals of North Carolina

Decided August 4, 1998No. COA97-1311PublishedCited by 7 opinions

1Opinion of the Court

WYNN, Judge.

The police department of the City of Winston-Salem hired Geoffrey P. Schimmeck as a sworn officer on 18 September 1989. Upon his employment, Schimmeck became a member of a mandatory retirement plan established under the Winston-Salem Police Officer’s Retirement System.

As adopted in 1977, the plan provided that “If prior to his normal retirement date and after a period of at least five (5) years of creditable service ... a member becomes permanently disabled to the extent that he is unable to perform satisfactorily the services and duties required of him by the city, he shall be…

2Cases cited4 opinions

  1. Bailey v. StateSupreme Court of North Carolina · 1998
  2. Simpson v. North Carolina Local Government Employees' Retirement SystemCourt of Appeals of North Carolina · 1987
  3. Great American Insurance Company v. JohnsonSupreme Court of North Carolina · 1962
  4. Hogan v. City of Winston-SalemCourt of Appeals of North Carolina · 1996

3Cited by7 opinions

  1. Adams v. State of NCCourt of Appeals of North Carolina · 2016
  2. Tripp v. City of Winston-SalemCourt of Appeals of North Carolina · 2008
  3. Brinegar v. THE CITY OF WINSTON-SALEMCourt of Appeals of North Carolina · 2009
  4. Cutlass Collieries, LLC. v. JonesDistrict Court, S.D. Florida · 2021
  5. Pendergraph v. N.C. Dep't of RevenueNorth Carolina Business Court · 2011

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