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Stamey v. Policemen's Pension Fund Bd. of Trustees

The trial court did not abuse its discretion in setting aside its default judgment for the appellants, since the record showed that the appellee timely answered the appellants' complaint.

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Appellants Charles E. Stamey, Patricia A Thurmond, Odell W. Sheriff, and Michael McCain “Appellants” appeal the grant of summary judgment to the Policemen’s Pension Fund Board of Trustees “Board” in Appellants’ action seeking a writ of mandamus and an award of damages. For the reasons that follow, we affirm. Appellants are former sworn officers of the Atlanta Police Department who applied for and received disability pensions after injuries prevented them from continuing active service. While on disability, and without returning to active service, each reached the full retirement age, at which point their disability pensions were automatically converted to full retirement pensions under the City’s 1978 Pension Act the “Act”, which was used to calculate their pension benefits. As the Act read at the time each of the Appellants was last in active service, the monthly retirement pension benefit was calculated by multiplying the years of service by the highest three-year monthly average salary and then multiplying that figure by two percent.

In February 2001, while Appellants were receiving disability pensions, the Atlanta City Council increased the multiplier used in calculating pensions from two percent to three percent. Ordinance 00-O-1099 the “Ordinance”. The Ordinance as enacted provides that it “shall be applicable to all active sworn police officers employed as of the effective date of this ordinance.” When Appellants reached full retirement age, none had returned to active service, and their pensions were calculated using the two percent multiplier rather than the three percent multiplier.

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