Summary
The Alaska Supreme Court held that Michael McMullen had no constitutionally protected vested right to include cashed-in leave in calculating his Public Employees' Retirement System benefits. Although retirement benefits generally vest upon employment or enrollment, McMullen was not eligible to cash in leave before the legislature amended the compensation definition to exclude such payments, and he had no reasonable expectation that the payments would count toward retirement benefits. The court affirmed the Public Employees' Retirement Board's decision denying his request.
Holdings
- The court declined to consider the argument because McMullen did not raise it before the board, the superior court, or in his points on appeal, and it did not qualify for an exception to the waiver rule.
- Under article XII, section 7 of the Alaska Constitution, an employee's retirement-benefit rights vest upon employment or enrollment in the retirement system, and the employee may elect to have benefits calculated under the statutes, regulations, and agency practices in effect at enrollment.
- McMullen had no constitutionally protected vested right to include cashed-in leave in calculating his retirement benefits because, before the 1977 amendment, he was not legally or practically eligible to cash in leave and had no reasonable expectation that cashed-in leave would be included in retirement compensation.
Questions Presented
- Whether McMullen's unpreserved argument concerning the effect of the retirement board's tie vote should be considered on appeal.
- Whether article XII, section 7 of the Alaska Constitution gave McMullen a vested right to have cashed-in leave included in his retirement compensation based on the law and practices in effect when he enrolled in the retirement system.
- Whether the governing statutory definition of compensation required inclusion of cashed-in leave in calculating McMullen's retirement benefits.
Disposition
affirmed
Cases Cited (9)
- Flisock v. State, Division of Retirement and Benefits, 818 P.2d 640 (Alaska 1991)(followed and distinguished)
- Alyeska Pipeline Service Co. v. DeShong, 77 P.3d 1227, 1231 (Alaska 2003)(followed)
- Holding v. Municipality of Anchorage, 63 P.3d 248, 250 (Alaska 2003)(followed)
- Handley v. State, Department of Revenue, 838 P.2d 1231, 1233 (Alaska 1992)(followed)
- Guin v. Ha, 591 P.2d 1281, 1284 n. 6 (Alaska 1979)(followed)
- DeYonge v. NANA/Marriott, 1 P.3d 90, 94 (Alaska 2000)(followed)
- State v. Northwestern Construction, Inc., 741 P.2d 235, 239 (Alaska 1987)(followed)
- Sheffield v. Alaska Public Employees' Association, 732 P.2d 1083, 1087 (Alaska 1987)(followed)
- Hammond v. Hoffbeck, 627 P.2d 1052, 1059 (Alaska 1981)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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