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Dukes v. Board of Trustees for the Police Officers Pension Fund

Because the pension fund board did not have the legal authority to disburse retirement benefits based on prior service, the plaintiff cannot avail himself of the doctrine of estoppel in seeking to compel the board to reinstate its initial decision as to the amount of his benefits, which included credit for prior service.

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In this action for mandamus, we hold that appellee Board of Trustees for the Police Officers Pension Fund “board” acted without legal authority in approving a pension which the board later rescinded. Thus, the board will not be estopped from reducing pension benefits it had been paying to appellant Reginal Dukes. We, therefore, affirm the trial court’s grant of summary judgment in favor of the board. Dukes began service with the City of Atlanta Police Department in 1979, and eventually attained the rank of sergeant. Prior to 1979, he had been employed by the DeKalb County Police Department for approximately four years. In 1999 Dukes sought permission from appellee board to receive credit for his prior service with DeKalb County for purposes of calculating his pension benefit. This request was denied by the board on the basis that it was untimely

under the Charter of the City of Atlanta and § 6-222 k 1 of the 1978 Pension Act.1

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