Summary
The case concerns whether the Teachers’ and State Employees’ Retirement System was required to adopt a contribution-based pension benefit cap factor through rulemaking procedures under North Carolina’s Administrative Procedure Act. The Cabarrus County Board of Education challenged an assessment made on behalf of a retiring superintendent, while the Retirement Systems Division argued that the cap factor could be adopted through actuarial recommendations and a board resolution. The trial court and Court of Appeals ruled for the Board of Education, and the excerpt describes the respondents’ arguments before the North Carolina Supreme Court on discretionary review.
Holdings
- The Board of Trustees was required to adopt the contribution-based benefit cap factor through the rulemaking procedures of the Administrative Procedure Act. N.C.G.S. §§ 135-5(a3) and 135-6(l) do not create an implicit exemption because they can be harmonized with the Administrative Procedure Act and do not clearly manifest legislative intent to displace it.
- Summary judgment was proper because there was no genuine issue of material fact and the Board of Education was entitled to judgment as a matter of law.
Questions Presented
- Whether the General Assembly implicitly exempted the Retirement Systems Division's Board of Trustees from the Administrative Procedure Act's rulemaking requirements when adopting a contribution-based benefit cap factor under N.C.G.S. § 135-5(a3).
- Whether the Board of Trustees' adoption of cap factors by resolution and entry in its meeting minutes, pursuant to N.C.G.S. § 135-6(l) and 20 N.C. Admin. Code 2B.0202, was sufficient without formal Administrative Procedure Act rulemaking.
Disposition
affirmed
Cases Cited (24)
- Empire Power Co. v. North Carolina Department of Environmental, Health, and Natural Resources, 337 N.C. 569, 447 S.E.2d 768 (1994)(followed)
- Bring v. North Carolina State Bar, 348 N.C. 655, 501 S.E.2d 907 (1998)(distinguished)
- Vass v. Board of Trustees of the Teachers' and State Employees' Comprehensive Major Medical Plan, 324 N.C. 402, 379 S.E.2d 26 (1989)(followed)
- Lemons v. Old Hickory Council, 322 N.C. 271, 367 S.E.2d 655 (1988)(followed)
- North Buncombe Association of Concerned Citizens v. Rhodes, 100 N.C. App. 24, 394 S.E.2d 462 (1990)(followed)
- North Carolina State Bar v. Rogers, 164 N.C. App. 648, 596 S.E.2d 337 (2004)(distinguished)
- In re Redmond, 369 N.C. 490, 797 S.E.2d 275 (2017)(followed)
- Commissioner of Insurance v. Rate Bureau, 300 N.C. 381, 269 S.E.2d 547 (1980)(followed)
- In re Halifax Paper Co., 259 N.C. 589, 131 S.E.2d 441 (1963)(followed)
- In re Miller, 243 N.C. 509, 91 S.E.2d 241 (1956)(followed)
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Cited In (0)
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