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DAVENPORT v. MONTGOMERY COUNTY

No. 2005-0074.

109 Ohio St.3d 135 (2006)

2006-Ohio-2034

DAVENPORT, APPELLEE, v. MONTGOMERY COUNTY ET AL., APPELLANTS.

Supreme Court of Ohio.

Decided May 10, 2006.

Attorney(s) appearing for the Case

Paul R. Leonard, for appellee.

Mathias H. Heck Jr., Montgomery County Prosecuting Attorney, and John M. Krumholtz and Laura L. Wilson, Assistant Prosecuting Attorneys, for appellants.

LUNDBERG STRATTON, J.

I. Introduction

{¶ 1} R.C. 124.39(B) permits a public employee with ten years of service credit to convert accrued, unused sick leave into cash upon his or her "retirement from active service." A similar Montgomery County Court policy provides a right to convert sick leave into cash for an employee who "is retiring" at age 55 or over, with at least ten years...

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