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WALTON v. N.C. STATE TREASURER

No. COA05-546.

625 S.E.2d 883 (2006)

J.W. WALTON, Petitioner, v. N.C. STATE TREASURER, Retirement Systems Division, Respondent.

Court of Appeals of North Carolina.

February 21, 2006.

Attorney(s) appearing for the Case

The Cummings Law Firm, P.A., by Humphrey S. Cummings, Charlotte, for petitioner-appellee.

Attorney General Roy Cooper, by Assistant Attorney General Robert M. Curran, for respondent-appellant.

STEELMAN, Judge.

J.W. Walton was employed by the City of Charlotte (City) and was a member of the North Carolina Local Governmental Employees' Retirement System. In March 2002, the City informed him his position would be eliminated and he would lose his job. The parties entered into a settlement agreement whereby Walton agreed to terminate his employment "by retirement or otherwise" on or before 30 April 2003. The City agreed to pay him $60,000.00 within ten days...

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