HUTTO v. SOUTH CAROLINA RETIREMENT SYSTEM

No. 13-1523.

773 F.3d 536 (2014)

Gail M. HUTTO; Elizabeth W. Hodge; Margaret B. Lineberger; Lynn R. Rogers; Nancy G. Sullivan; Jane P. Terwilliger; Julian W. Walls; Debra J. Andrews, and all others similarly situated, Plaintiffs-Appellants, v. The SOUTH CAROLINA RETIREMENT SYSTEM; The Police Officers Retirement System; The South Carolina Retirement Systems Group Trust; Nikki R. Haley, Governor of South Carolina, in her official capacity as ex officio Chairwoman of the South Carolina Budget and Control Board; Curtis M. Loftis, Jr., Treasurer of the State of South Carolina, in his official capacity as an ex officio member of the South Carolina Budget and Control Board; Richard Eckstrom, Comptroller General of the State of South Carolina, in his official capacity as an ex officio member of the South Carolina Budget and Control Board; Hugh K. Leatherman, Chairman of the South Carolina Senate Finance Committee, in his official capacity as an ex officio member of the South Carolina Budget and Control Board; W. Brian White, Chairman of the South Carolina House of Representatives Ways and Means Committee, in his official capacity as an ex officio member of the South Carolina Budget and Control Board; Marcia S. Adams, in her official capacity as Executive Director of the South Carolina Budget and Control Board; David K. Avant, in his official capacity as Executive Director of the South Carolina Public Employee Benefit Authority, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: December 5, 2014.


Attorney(s) appearing for the Case

ARGUED: Richard Harpootlian , Richard A. Harpootlian, PA, Columbia, South Carolina, for Appellants. Tina Marie Cundari , Sowell, Gray, Stepp, & Laffitte, LLC, Columbia, South Carolina, for Appellees. ON BRIEF: Graham L. Newman , Christopher P. Kenney , Richard A. Harpootlian, PA, Columbia, South Carolina; James M. Griffin , Margaret N. Fox , LEWIS, Babcock & Griffin, LLP, Columbia, South Carolina, for Appellants. Robert E. Stepp , Sowell, Gray, Stepp, & Laffitte, LLC, Columbia, South Carolina, for Appellees.

Affirmed by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WYNN and Judge THACKER joined.


South Carolina public employees commenced this class action challenging the constitutionality of the South Carolina State Retirement System Preservation and Investment Reform Act, 2005 S.C. Acts 1697 ("the 2005 Act"). That Act amended South Carolina's retirement laws by requiring public employees who retire and then return...

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