EMPLOYEES RETIREMENT SYSTEM v. EVANS

A93A1252.

211 Ga. App. 448 (1993)

439 S.E.2d 690

EMPLOYEES RETIREMENT SYSTEM OF GEORGIA v. EVANS.

Court of Appeals of Georgia.

Reconsideration Denied December 17, 1993.


Attorney(s) appearing for the Case

Michael J. Bowers, Attorney General, Jeffrey L. Milsteen, Senior Assistant Attorney General, Susan L. Rutherford, Assistant Attorney General, for appellant.

Chilivis & Grindler, Nickolas P. Chilivis, John K. Larkins, Jr., for appellee.

G. Stephen Parker, Joshua R. Kenyon, amici curiae.


BLACKBURN, Judge.

In late 1990, the appellee, Warren Evans, applied for a retirement pension from the Employees Retirement System of Georgia (ERS). The ERS found him to have 16 years of creditable service, including ten years and nine months of legislative service and approximately five years as Commissioner of Insurance, and awarded him a monthly retirement benefit of $1,036.39, which Evans began receiving in March 1991. However, later that same month, the ERS canceled...

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