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WELLS v. CONSOL. JUDICIAL RETIREMENT SYS.

No. COA99-566.

526 S.E.2d 486 (2000)

Hugh A. WELLS, Judge of the North Carolina Court of Appeals (Retired), Plaintiff, v. CONSOLIDATED JUDICIAL RETIREMENT SYSTEM OF NORTH CAROLINA, a corporation; Board of Trustees of the Teachers' and State Employees' Retirement System of North Carolina, a body politic and corporate; and the State of North Carolina, Defendants.

Court of Appeals of North Carolina.

March 7, 2000.

Attorney(s) appearing for the Case

Marvin Schiller and Boyce & Isley, P.L.L.C., by G. Eugene Boyce, Raleigh, for plaintiff petitioner-appellant.

Attorney General Michael F. Easley, by Special Deputy Attorney General Alexander McC. Peters, for defendants respondents-appellees.

TIMMONS-GOODSON, Judge.

The facts of the present case are undisputed. In August of 1979, Judge Hugh A. Wells ("plaintiff") began serving on the North Carolina Court of Appeals, became a member of the Consolidated Judicial Retirement System ("CJRS") and made regular contributions to it. His right to retirement benefits vested in August of 1984. On 30 June 1994, plaintiff retired from the bench, at which time he qualified for a CJRS monthly benefit. He received one...

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