38 S.E.2d 314 | N.C. | 1946
Petition for mandamus to require defendant to accept and enroll plaintiff as a member of its retirement system. *466
Judgment was rendered on the pleadings for defendant and the plaintiff appealed. The question presented by this appeal is whether a city policeman, who is a member of and entitled to the benefits of the Law Enforcement Officers' Benefit and Retirement Fund, is also eligible to become a member of the Local Governmental Employees' Retirement System.
The court below held that plaintiff was excluded from membership in the Local Governmental Employees' Retirement System by reason of the express provisions of the statute, G.S.,
It was admitted in the pleadings that the plaintiff is and has been for a number of years a member of the police department of the City of Charlotte, and as such is a member in good standing in the Law Enforcement Officers' Benefit and Retirement Fund, a corporate body created and established by ch. 349, Public Laws 1937, now G.S.,
On 15 February, 1946, the plaintiff signified his desire to become also a member of the Local Governmental Employees' Retirement System, a corporate body created by statute, now codified as G.S.,
It is conceded that the plaintiff as an employee of the City of Charlotte would be entitled to make contributions and receive the benefits provided for local governmental employees by G.S.,
The funds for retirement allowances and other benefits under the Law Enforcement Officers' System are obtained in part by deductions from members' salaries, but more largely are provided by State law, G.S.,
"In every criminal case finally disposed of in the criminal courts of this state, wherein the defendant is convicted . . . and is assessed with the payment of costs . . . there shall be assessed against said convicted person . . . two dollars ($2.00) additional cost to be collected and paid over to the treasurer of North Carolina and held in a special fund for the purposes of this article." It is further declared in the statute that "No state employee participating in the benefits of this article shall be eligible to participate in the retirement benefits provided by the Teachers' and State Employees' Retirement System Act." Highway patrolmen were permitted to make election between membership in the Teachers' and State Employees' Retirement System and the Law Enforcement Officers' Fund by ch. 120, Public Laws 1943.
The additional cost in criminal cases provided by G.S.,
We do not think the exclusion from membership in the defendant's system, as expressed in the statute, should be interpreted to apply only to those receiving retirement allowances from the general funds in the State Treasury derived from general taxation, but should be understood as applicable to those entitled to benefits from any funds coming into the hands of the State Treasurer by virtue of a State law. This seems to be the intent and purpose of the Act.
The plaintiff calls attention to the language of the two statutes and argues that the statute, G.S.,
An examination of the pertinent statutes now in force leads to the conclusion that a local police officer may become a member of either retirement system, but may not belong to both.
The constitutionality of G.S.,
For the reasons stated, we think the court below has ruled correctly, and that the judgment should be
Affirmed.