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McMASTER v. RETIREMENT SYSTEM

No. 25922.

362 S.C. 362 (2005)

608 S.E.2d 843

Henry D. McMASTER, as Attorney General of South Carolina, Appellant, v. The SOUTH CAROLINA RETIREMENT SYSTEM, Adolph Joseph Klein, Jr., James Michael Hicks, Johnny M. Martin, Ellison Lawson, Jr., Troy Phillips, and Edward Thomas Lewis, Jr., Of whom Edward Thomas Lewis, Jr. is Respondent. Henry D. McMaster, as Attorney General of South Carolina, Appellant, v. The South Carolina Retirement System, Adolph Joseph Klein, Jr., James Michael Hicks, Johnny M. Martin, Ellison Lawson, Jr., Troy Phillips, and Edward Thomas Lewis, Jr., Of whom Adolph Joseph Klein, Jr. is Respondent. Henry D. McMaster, as Attorney General of South Carolina, Appellant, v. The South Carolina Retirement System, Adolph Joseph Klein, Jr., James Michael Hicks, Johnny M. Martin, Ellison Lawson, Jr., Troy Phillips, and Edward Thomas Lewis, Jr., Of whom Johnny M. Martin is Respondent.

Supreme Court of South Carolina.

Decided January 10, 2005.

Rehearing Denied March 2, 2005.

Attorney(s) appearing for the Case

Attorney General Henry D. McMaster, Chief Deputy Attorney General John W. McIntosh, Chief, State Grand Jury Sherri A. Lydon, and Assistant Deputy Attorney Robert E. Bogan, all of Columbia, for appellant.

Kristi F. Curtis, of Bryan, Bahnmuller, Goldman & McElveen, LLP, of Sumter, for respondents Lewis and Martin.

John S. Nichols, of Bluestein & Nichols, LLC, of Columbia, for respondent Klein.

Justice MOORE.

We consolidated these three appeals to consider the retroactive application of a lien on retirement benefits pursuant to S.C.Code Ann. § 8-1-115 (Supp.2003) which applies to public officials convicted of embezzling public funds. The trial court found the amount of the lien was limited to the amount of restitution previously ordered at criminal sentencing. The Attorney General appeals. We reverse.

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