holding that an agreement between an employer and employee cannot extend or alter what the employee is legally entitled to receive under the Retirement Code
How later courts described this case
- holding that an agreement between an employer and employee cannot extend or alter what the employee is legally entitled to receive under the Retirement Code
- State Employees’ Retirement Board not obligated to accept contributions on behalf of a member where contributions were made in accordance with a settlement agreement to which Board was not a party
Written by the judges who cited it.
The opinion
HUTCHINSON, Justice,
concurring.
I concur in the result.
Considering the opportunities appellant has had and may still have to vest his pension in a proper manner, I must agree with Mr. Justice Larsen. Appellant has not demonstrated the kind of inequity which should induce us to relieve him from the effects of his reliance upon what appears to be his counsel’s mistake in applying a complex statute to the situation in which appellant found himself when the settlement agreement was negotiated.