City of Danville v. Garrett

803 S.E.2d 326, 294 Va. 36, 2017 WL 3751676, 2017 Va. LEXIS 107
CourtSupreme Court of Virginia
DecidedAugust 31, 2017
DocketRecord 160979.
StatusPublished
Cited by1 cases

This text of 803 S.E.2d 326 (City of Danville v. Garrett) is published on Counsel Stack Legal Research, covering Supreme Court of Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City of Danville v. Garrett, 803 S.E.2d 326, 294 Va. 36, 2017 WL 3751676, 2017 Va. LEXIS 107 (Va. 2017).

Opinion

OPINION BY JUSTICE S. BERNARD GOODWYN

In this appeal, we consider whether the circuit court erred by applying Code § 51.1-813 to determine the amount of disability benefits that the City of Danville and its retirement system are obligated to pay a former police officer.

BACKGROUND

Jacqueline Garrett (Garrett) filed a complaint in the Circuit Court of the City of Danville against the City of Danville (the City) on March 6, 2013, alleging that the City had failed to pay her the proper amount of benefits to which she was entitled as a disabled police officer. The City was paying Garrett a benefit calculated pursuant to Chapter 32 of the Danville Code of Ordinances, which established the terms of the City of Danville's Employees' Retirement System (ERS), pursuant to which Garrett received a benefit of 30 percent of her salary. Garrett alleged that, as a service-related disabled police officer, Code § 51.1-813 establishes her entitlement to a minimum benefit of 66 2 / 3 percent of her average salary.

On December 11, 2015, the circuit court held a bench trial in which it addressed the issue of whether Code § 51.1-813, rather than Chapter 32 of the Danville Code of Ordinances, controlled the calculation of the amount of Garrett's disability benefits.

The parties stipulated to the following:

1. Garrett was injured on February 24, 2008 in a motor vehicle accident while employed as a police officer for the City.
2. She received a workers' compensation award as a result of the injuries she had in that accident.
3. She applied for and received what is called line of duty designation [disability], that her disability, her inability to *328 work as a police officer, was the result of injuries she had in that motor vehicle accident, and that application was approved on June 13, 2013.
4. The City is not part of the State retirement system.
5. The City's retirement system is governed by Chapter 32 of the City Code.
6. The City does not have a separate police retirement system.

The circuit court declared that "the City of Danville and the Employees' Retirement System of the City of Danville are subject to and governed by the provisions of Code § 51.1-813," and that the City and its ERS "are in violation of the provisions of § 51.1-813." It ruled that the City and its ERS were required by the provisions of Code § 51.1-813 to award "a disability retirement benefit to Garrett at a rate of no less than [66 2 / 3 percent] of the average of her final compensation at the time of her separation from the [City] (October 1, 2012)" for a service-incurred injury and resulting disability. The court entered its final judgment order on March 25, 2016.

The City appeals.

ANALYSIS

The City asserts that the circuit court erred in interpreting Code § 51.1-813, which is in Article 2 of Chapter 8 of Title 51.1 of the Code of Virginia. It argues that the circuit court failed to consider the context of the statutory scheme governing local retirement systems or the prerequisites for the applicability of Article 2, and thus Code § 51.1-813, to the City and its retirement system. 1

Code § 51.1-813 states:

If any member of a police department of a county, city, or town, other than the City of Richmond, which has a pension plan becomes disabled as a result of activities in the discharge of the member's official duties, the member shall receive, as pension and benefits during such disability, the sum of not less than sixty-six and two-thirds percent of the member's salary until eligible to retire under age and service retirement.

The circuit court ruled that this Code provision applies to the City and its retirement system, and ordered them to pay Garrett a disability benefit in an amount calculated in accordance with the percentage stated in Code § 51.1-813.

This appeal presents an issue of statutory interpretation regarding Article 2 of Chapter 8 of Title 51.1, which this Court reviews de novo. Alexandria City Council v. Mirant Potomac River, LLC , 273 Va. 448 , 455, 643 S.E.2d 203 , 207 (2007). This Court also reviews de novo the application of a statute to the undisputed, stipulated facts in a declaratory judgment action. Board of Supervisors of James Cty. v. Windmill Meadows, LLC , 287 Va. 170 , 174-75, 752 S.E.2d 837 , 839-40 (2014). As we observed in that case,

When the language of a statute is unambiguous, we are bound by the plain meaning of that language. Furthermore, we must give effect to the legislature's intention as expressed by the language used unless a literal interpretation of the language would result in a manifest absurdity. If a statute is subject to more than one interpretation, we must apply the interpretation that will carry out the legislative intent behind the statute. When the legislature has used words of a clear and definite meaning, the courts cannot place on them a construction that amounts to holding that the legislature did not intend what it actually has expressed.

Id. at 179-80, 752 S.E.2d at 842 (internal citations, quotation marks, and alteration omitted).

Title 51.1 of the Code of Virginia governs "Pensions, Benefits, and Retirement." It has 14 chapters. Each of those chapters addresses a different aspect of benefits, pensions, retirement, and insurance for various categories of state and local governmental entities or employees. Chapter 8 of *329 Title 51.1 addresses and is entitled "Local Retirement Systems." Chapter 8 has three Articles. Article 1, Code §§ 51.1-800 through -806, contains "General Provisions" regarding a locality's obligation to provide a retirement system for its employees. 2 Article 2, Code §§ 51.1-807 through -820, addresses "Members of Police Departments." Article 3, Code §§ 51.1-821 through -823, addresses "Counties Having [an] Urban County Executive Form of Government," so it is not applicable to the City.

The City questions the applicability of Article 2, and thus Code § 51.1-813, to the City and its retirement plan.

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Cite This Page — Counsel Stack

Bluebook (online)
803 S.E.2d 326, 294 Va. 36, 2017 WL 3751676, 2017 Va. LEXIS 107, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-danville-v-garrett-va-2017.