Monday, June 20, 2011

Utah Court of Appeals: When a Utah Public Employee Retires Twice, His Retirement is Calculated on Two Different Service Periods

In McLeod v. Retirement Board, the Utah Court of Appeals refused to reverse the Utah State Retirement Board's decision that a Davis County sheriff deputy's "retirement benefits from two periods of public employment must be calculated separately."  The Court disagreed that the plain language of the statute required the Board to treat the two separate periods as one for benefit calculations.  It also agreed that the former employee had failed to meet his burden to estop the state from using the statute to the employee's detriment.