Hayes v. PERS
| Docket Number: | 2006-CC-01109-SCT Linked Case(s): 2006-CC-01109-SCT ; 2006-CC-01109-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 07-19-2007 Opinion Author: Lamar, J. Holding: Affirmed |
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| Additional Case Information: |
Judge(s) Concurring: Smith, C.J., Waller and Diaz, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ. Nature of the Case: CIVIL - STATE BOARDS AND AGENCIES |
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| Trial Court: |
Date of Trial Judgment: 05-24-2006 Appealed from: Hinds County Circuit Court Judge: Bobby DeLaughter Disposition: Hayes was not eligible for benefits until he had effectively resigned from his position on January 30, 2001. Case Number: 251-04-435-CIV-BD |
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| Party Name: | Attorney Name: | |||
| Appellant: | Leonard Hayes |
GEORGE S. LUTER |
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| Appellee: | Public Employees' Retirement System | MARY MARGARET BOWERS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Summary of the Facts: | Leonard Hayes suffered several strokes that rendered him unfit to perform as a firefighter with the City of Jackson. Although he was declared eligible for disability retirement benefits by PERS on January 30, 2001, Hayes felt that he actually qualified on September 21, 1999, and was thus owed an additional sixteen months of back benefits. The PERS board concluded that Hayes’ employment had not terminated until January 30, 2001, thus, he was not legally eligible for benefits until February 1, 2001. Hayes appealed to circuit court which affirmed. Hayes appeals. |
| Summary of Opinion Analysis: | In 2002, the Legislature amended the definition portion of the section 25-11-103(aa), to state that the term “withdrawal from service” was synonymous with “termination from service.” Hayes argues that before this amendment, it was not clear that complete severance of the employment relationship was required. In the alternative, Hayes argues that his employment relationship was severed on September 21, 1999, when the City submitted a form to the agency indicating that he was being separated from service due to “Disability Retirement.” The PERS board determined that, under the plain meaning of the statute, actual termination is, and has always been, required in order to receive disability retirement benefits. It further found that Hayes’ employment with the city was not severed until he resigned on January 30, 2001. This conclusion is strongly supported by the evidence. There was evidence showing that the City did not fill Hayes’ position until his letter of resignation became effective on January 30, 2001. Prior to that, Hayes could have returned to work at any time if he could have found five doctors to sign off on his recovery. |
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