Walker v. Board of Trustees of the North Carolina Local Governmental Employees' Retirement System

487 S.E.2d 839, 127 N.C. App. 156, 1997 N.C. App. LEXIS 764
CourtCourt of Appeals of North Carolina
DecidedAugust 5, 1997
DocketNo. COA96-713
StatusPublished
Cited by1 cases

This text of 487 S.E.2d 839 (Walker v. Board of Trustees of the North Carolina Local Governmental Employees' Retirement System) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Walker v. Board of Trustees of the North Carolina Local Governmental Employees' Retirement System, 487 S.E.2d 839, 127 N.C. App. 156, 1997 N.C. App. LEXIS 764 (N.C. Ct. App. 1997).

Opinion

ARNOLD, Chief Judge.

Our standard of review on appeal from a superior court order affirming or reversing an agency decision is the same as that employed by the superior court. Dorsey v. UNC-Wilmington, 122 N.C. App. 58, 62-63, 468 S.E.2d 557, 560, cert. denied, 344 N.C. 629, 477 S.E.2d 37 (1996); Dockery v. N.C. Dept. of Human Resources, 120 N.C. App. 827, 463 S.E.2d 580 (1995). When the issue on appeal is whether the agency decision is supported by the evidence, the “whole record” test is appropriate. Dorsey, 122 N.C. App. at 62, 468 S.E.2d at 559-60. When the issue is whether the agency erred in interpreting a statutory term, an error of law is asserted, and this Court may substitute its own judgment for that of the agency and exercise de novo review. Id., 468 S.E.2d at 559; Friends of Hatteras Island v. Coastal [158]*158Resources Comm., 117 N.C. App. 556, 567, 452 S.E.2d 337, 344 (1995). See N.C. Gen. Stat. § 150B-51 (1995).

We therefore exercise de novo review to interpret the statutory provision of the Local Governmental Employees’ Retirement System that allows for payment of a death benefit to the beneficiary of a member who dies while “in service.” N.C. Gen. Stat. § 128-27(1) (1995 & Supp. 1996).

For the purpose of the [Death Benefit] Plan, a member shall be deemed to be in service at the date of his death if his death occurs within 180 days from the last day of his actual service.
In administration of the death benefit the following shall apply:
(2) Last day of actual service shall be:
a. When employment has been terminated, the last day the member actually worked.
b. When employment has not been terminated, the date on which an absent member’s sick and annual leave expire.

Id.

Respondent’s position is that when petitioner’s decedent retired on disability, her employment was effectively “terminated” within the plain meaning of this provision. Her “last day of actual service” was therefore 1 June 1990, the last day she actually worked. Under this reading of the statute, adopted by the Board in its Final Agency Decision, her death on 18 October 1991 was more than 180 days after her “last day of actual service,” and the death benefit is not payable to petitioner.

Petitioner contends, on the other hand, that the decedent’s retirement did not “terminate” her employment within the context and purpose of this statute. Her “last day of actual service,” therefore, was on 31 July 1991, the date petitioner argues his wife’s sick and annual leave expired. Under this reading of the statute, adopted by both the ALJ and superior court, the decedent’s death falls within 180 days of her “last day of actual service,” and the death benefit is payable to petitioner.

[159]*159Upon a thorough examination of the statute and the facts of the case, we find neither party entirely correct. While we agree with petitioner that “termination” in the context of the death benefit statute does not encompass “retirement,” we disagree about the date upon which the decedent’s sick leave expired. As a result, we ultimately conclude that petitioner is precluded from recovering the death benefit.

We arrive at this conclusion by first carefully examining the death benefit statute itself. To interpret specific terms in the statute we begin by referring to the definitions explicitly set forth, “unless a different meaning is plainly required by the context.” G.S. § 128-21. The statute explicitly defines “retirement” as “withdrawal from active service with a retirement allowance granted under the provisions of this Article.” G.S. § 128-21(19). It is notable that “retirement” is not described as termination of employment.

The word “termination” is not defined in the statute. Therefore, to determine whether “termination” is intended to include retirement here, we look to the plain meaning required by the context. Because legislative intent “controls the interpretation of a statute, . . . the words and phrases of a statute must be interpreted contextually, in a manner which harmonizes with the other provisions of the statute and which gives effect to the reason and purpose of the statute.” Burgess v. Brewing Co., 298 N.C. 520, 523-24, 259 S.E.2d 248, 251 (1979) (citations omitted).

The death benefit statute at issue does not include an explicit statement of reason and purpose. However, in interpreting the analogous provisions of the North Carolina Teachers’ and State Employees’ Retirement System, N.C. Gen. Stat. § 135-5 (1995), this Court has held that the overall policy and intent of the retirement, disability, and death benefit scheme “is not to exclude, but to include state employees under an umbrella of protections designed to provide maximum security in their work environment and to afford ‘a measure of freedom from apprehension of old age and disability.’” Stanley v. Retirement and Health Benefits Division, 55 N.C. App. 588, 591, 286 S.E.2d 643, 645, disc. review denied, 305 N.C. 587, 292 S.E.2d 571 (1982) (quoting Bridges v. Charlotte, 221 N.C. 472, 477, 20 S.E.2d 825, 829 (1942)); see also Garrett v. Teachers’ & State Employees’ Retirement System, 91 N.C. App. 409, 371 S.E.2d 776, disc. review denied, 323 N.C. 624, 374 S.E.2d 585 (1988).

[160]*160Considering this policy, along with the statutory formula to determine the “last day of actual service,” we find that an employee’s time “in service” is the time for which salary is earned. The protective umbrella, then, is inclusive only to the extent that a death benefit is available if the member dies within 180 days after she last earned a salary, whether it be earned from time spent actually working or from time credited for sick and annual leave.

In the context of the death benefit statute, it would be unjust to conclude that a member has “terminated” employment by retiring on disability after she exhausts sick and annual leave. The result would be that in calculating the 180-day extension period from the “last day of actual service,” a member who retires after exhausting sick and annual leave, and then dies soon afterwards, having only reaped minimal benefits from the retirement plan, would effectively forfeit credit for the time spent exhausting sick and annual leave, while a member who dies while delaying retirement would be credited with the time spent exhausting sick and annual leave.

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487 S.E.2d 839, 127 N.C. App. 156, 1997 N.C. App. LEXIS 764, Counsel Stack Legal Research, https://law.counselstack.com/opinion/walker-v-board-of-trustees-of-the-north-carolina-local-governmental-ncctapp-1997.