(DOWNLOAD) "Bowen v. Public Employees Retirement Board" by South Carolina Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: Bowen v. Public Employees Retirement Board
- Author : South Carolina Supreme Court
- Release Date : January 15, 2009
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 68 KB
Description
In this case, we review a final order issued by the Public Employees Retirement Board (PERB) after a contested case proceeding to determine the date when petitioner could retire from her position with the Union County Circuit Court with credit for 30 years of service. Petitioner contended that PERB was bound by contract and statute to count the seven years during which she worked for Union County before the county became a part of the state court system and a Public Employees Retirement System (PERS) participating employer. PERB ruled against her, concluding that those seven years did not count. She seeks judicial review of that decision. She also seeks review of a ruling by the administrative law judge (ALJ) denying her motion to supplement the record with a "Certificate of Appreciation" that she received from the Chief Justice thanking her for 30 years of "dedicated service." We conclude that, even if an official of the Oregon Judicial Department promised petitioner that her pre-PERS service would count toward her retirement, the official had no authority to make that promise because it was contrary to state law; it was therefore ineffective and did not create an entitlement. We also conclude that the ALJ did not err in refusing to accept the certificate. We therefore affirm.