McCaskill v. DEPARTMENT OF STATE TREASURER, RETIREMENT SYSTEMS DIVISION

Supreme Court of North Carolina

McCaskill v. DEPARTMENT OF STATE TREASURER, RETIREMENT SYSTEMS DIVISION

706 S.E.2d 226, 365 N.C. 69, 2011 N.C. LEXIS 140

Procedural entryThis page is a short order in McCaskill v. DEPARTMENT OF STATE TREASURER, RETIREMENT SYSTEMS DIVISION. Read the opinion of the Court — 364 N.C. 435 →

Supreme Court of North Carolina·Decided March 11, 2011·No. 292A10·Published

Opinion

PER CURIAM.

As to the issues before us on appeal of right, because the Secretary of the Department of Health and Human Services lacked authority to sign the settlement agreement binding the State Retirement System, the executory portions of the agreement are unenforceable. Accordingly, the parties to the agreement are otherwise restored to the positions they held as of 3 July 2002. As to the additional issue, we determine that discretionary review was improvidently allowed.

AFFIRMED IN PART; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.

Justice JACKSON took no part in the consideration or decision of this case.

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PER CURIAM.

As to the issues before us on appeal of right, because the Secretary of the Department of Health and Human Services lacked authority to sign the settlement agreement binding the State Retirement System, the executory portions of the agreement are unenforceable. Accordingly, the parties to the agreement are otherwise restored to the positions they held as of 3 July 2002. As to the additional issue, we determine that discretionary review was improvidently allowed.

AFFIRMED IN PART; DISCRETIONARY REVIEW IMPROVIDENTLY ALLOWED.

Justice JACKSON took no part in the consideration or decision of this case.

McCaskill v. DEPARTMENT OF STATE TREASURER, RETIREMENT SYSTEMS DIVISION, 706 S.E.2d 226, 365 N.C. 69, 2011 N.C. LEXIS 140 (N.C. 2011).

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706 S.E.2d 226 (McCaskill v. DEPARTMENT OF STATE TREASURER, RETIREMENT SYSTEMS DIVISION) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.