North Carolina Supreme Court Rules in Favor of School Police Retirement Benefits
In a decisive ruling, the North Carolina Supreme Court has mandated that Charlotte-Mecklenburg Schools (CMS) must contribute to a state retirement fund for its campus police officers. The unanimous decision upheld an earlier Appeals Court ruling that required CMS to make a 5% contribution to the state’s Supplemental Retirement Income Plan, a decision contested by CMS.
During oral arguments, CMS attorney Terry Wallace argued that the law establishing the contribution plan did not explicitly include school-employed law enforcement officers, who were considered distinct from city and county police due to the lack of corresponding funding from sales tax revenues. “Policy is up to the General Assembly. If they want to include these officers in this legislation, they can do it with the stroke of a pen,” Wallace stated.
On the contrary, John Gresham, representing the campus police, emphasized that the law extends to officers working for a “political subdivision of the State,” which should encompass school districts. He underscored the crucial role school police play in maintaining safety amid rising incidents of violence in schools.
The Supreme Court justices engaged in a thought-provoking debate regarding the legislative history and intent behind the exclusion of school officers from the retirement plan. Chief Justice Paul Newby and other justices speculated on the ambiguity of the law and the legislative intent, arguing that the omission of explicit exclusions for school police suggested a desire to include them under the benefits afforded to all other law enforcement officers in North Carolina.
The court’s opinion elaborated on its approach to legislative history, stating a preference for textual interpretation over legislative proceedings. This ruling not only affirms the rights of school police officers but also sets a precedent regarding the broader interpretation of legislation related to school safety.
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