Board of Trustees v. Grant

OPINION

ACREE, Judge.

The Board of Trustees of the Kentucky Retirement Systems (KERS) appeals from an order of the Franklin Circuit Court reversing its decision to reduce the monthly retirement benefit payable to James Grant following a review of his employment compensation history pursuant to Kentucky Revised Statute (KRS) 61.595(4). The Franklin Circuit Court found that KERS was equitably estopped from reducing Grant’s benefit. Because estoppel presents a question of fact which the *592Board of Trustees improperly refused to consider, we vacate the judgment of the Franklin Circuit Court and…