Stamey v. Policemen's Pension Fund Board of Trustees, 289 Ga. 503

Appellants are former Atlanta Police Department officers who received disability pensions after injuries prevented continued service.
Upon reaching full retirement age while on disability and not returning to active service, their pensions were automatically converted to retirement pensions under the City’s 1978 Pension Act, calculated using a two percent multiplier based on years of service and the highest three-year average salary.
In February 2001, Atlanta City Council enacted Ordinance 00-O-1099 increasing the multiplier to three percent for active sworn officers as of the ordinance’s effective date.
Appellants’ retirement pensions were computed with the two percent multiplier because they were not active officers on the ordinance’s effective date.
Appellants filed suit seeking mandamus and damages to compel use of the three percent multiplier; the trial court initially entered default judgments, which the Board moved to set aside and, after proceedings, the court granted summary judgment for the Board.
The essential dispute is whether the three percent multiplier should be applied to Appellants’ pensions, given the Ordinance’s applicability to active officers as of the effective date and Appellants’ non-active status on that date.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion in setting aside the default judgment.	Stamey contends Board defaulted on timely answer; court should not have set aside.	Board timely answered; no grounds for default; setting aside proper.	No abuse; order set aside properly.
Whether the Board is entitled to summary judgment on mandamus to apply 3% multiplier.	Ordinance 00-O-1099 should apply to Appellants to increase to 3%.	Ordinance requires active status as of effective date; Appellants were not active on that date.	Summary judgment for Board; no clear right to mandamus.
Whether Appellants have a clear legal right to have the ordinance applied despite non-active status.	Ordinance words show applicability to all active officers; should override non-active status to grant 3%.	Ordinance limited to active officers as of the effective date; not applicable to Appellants.	Ordinance not applicable; no right to 3% multiplier.

Johnson v. Mayor &c of City of Carrollton, 249 Ga. 173 (1982) (abuse of discretion standard for setting aside default judgments)
Moore v. Davidson, 292 Ga.App. 57 (2008) (default judgment set aside where timely answer existed)
Trammel v. Bradberry, 256 Ga.App. 412 (2002) (multiple service of identical complaints; no automatic default)