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WEHLE v. SOUTH CAROLINA RETIREMENT SYSTEM

No. 25951.

363 S.C. 394 (2005)

611 S.E.2d 240

Richard WEHLE, Jerry Miller and the Town of Wellford, on behalf of themselves and all others similarly situated, Respondents-Plaintiffs, v. THE SOUTH CAROLINA RETIREMENT SYSTEM and the South Carolina Budget and Control Board, Petitioners-Defendants.

Supreme Court of South Carolina.

Decided March 21, 2005.

Attorney(s) appearing for the Case

Gedney M. Howe, III, of Law Offices of Gedney M. Howe, III, P.A., of Charleston; A. Camden Lewis, of Lewis, Babcock & Hawkins, L.L.P.; and Michael E. Spears, of Michael E. Spears, P.A., of Spartanburg, for respondents-plaintiffs.

Richard M. Gergel and W. Allen Nickles, III, of Gergel, Nickles & Solomon, P.A.; Stephen Van Camp, of South Carolina Retirement Systems, Edwin E. Evans, of S.C. Budget and Control Board; and Kent Porth, of Nexsen, Pruet, Jacobs & Pollard, LLP, all of Columbia, for petitioners-defendants.

PER CURIAM.

This case is before us in our original jurisdiction asking that we construe S.C.Code Ann. § 9-1-10(4) (Supp.2003) which determines how unused annual leave is figured into the calculation of state retirement benefits.

We recently construed this provision in Kennedy v. South Carolina Retirement System, 345 S.C. 339, 549 S.E.2d 243 (2001).

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