WILSON BD. OF EDUC. v. RETIREMENT SYS.

No. COA22-1027.

891 S.E.2d 626 (2023)

WILSON COUNTY BOARD OF EDUCATION, Petitioner, v. RETIREMENT SYSTEMS DIVISION, Department of State Treasurer, Tsers Board of Trustees; Tim Moore, North Carolina Speaker of the House; and Philip E. Berger, President Pro Tempore of the North Carolina Senate, Respondents.

Court of Appeals of North Carolina.

Filed August 15, 2023.


Attorney(s) appearing for the Case

Poyner Spruill LLP, Raleigh, by Laura E. Crumpler and Katie G. Cornetto , for Petitioner-Appellee.

Attorney General Joshua H. Stein , by Special Deputy Attorney General Olga E. Vysotskaya de Brito , for Respondents-Appellants.


This case involves legislation passed by the General Assembly which established a contribution-based benefit cap on retirement benefits for certain State employees who retire on or after 1 January 2015. See N.C. Gen. Stat. § 135-5 (2022). The legislation is designed to control the practice of "pension spiking," where...

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