SCHIMMECK v. CITY OF WINSTON-SALEM

No. COA97-1311.

502 S.E.2d 909 (1998)

Geoffrey P. SCHIMMECK and Deborah Schimmeck, Plaintiffs-Appellants, v. The CITY OF WINSTON-SALEM, Defendant-Appellee.

Court of Appeals of North Carolina.

August 4, 1998.


Attorney(s) appearing for the Case

Randolph M. James, Winston-Salem, for plaintiffs-appellants.

Womble Carlyle Sandridge & Rice by Gusti W. Frankel, Winston-Salem, for defendant-appellee.


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...

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