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NC Supreme Court rules that CMS must pay retirement benefits to police officers

The court's decision reverses a lower court's ruling from 2021.

RALEIGH, N.C. — The North Carolina Supreme Court ruled Tuesday that Charlotte-Mecklenburg Schools must pay benefits to retired police officers. 

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This ruling reversed a lower court's decision from 2021. The lawsuit was filed by the CMS police officers in 2019. 

CMS argued that, as a school district, they did not fall under the state's definition of a "political subdivision," and were not required to pay retired officers retirement benefits. The district also argued that officers were not eligible to receive these benefits because they weren't enrolled in the "Local Government Employees Retirement System."

In 2021, a lower court agreed with CMS after a trial was held.

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But on Tuesday, the NC Supreme Court reversed that ruling, arguing that all school districts qualify as political subdivisions and retirement benefits are not restricted to employees enrolled in the "Local Government Employees Retirement System (LGERS)."

The retired officers' lawsuit also sought a "special separation allowance." However, the NC Supreme Court rejected this claim, saying the "special separation allowance" is dependent on being enrolled in the LGERS.

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