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Morgan County Bd. of Comm'rs v. Mealor

The county's decision not to include the Superior Court Clerk in the county's pension plan was plain and reasonably based on the fact that the Clerk already received pension contributions derived from county funds.

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Appellants, the Morgan County Board of Commissioners the “County”, appeal from the Superior Court of Morgan County’s order requiring the County to include the Appellee, Elaine Mealor, in the County’s pension plan. Mealor, the former Superior Court Clerk for Morgan County, claimed that her exclusion from the County’s pension plan denied her equal protection under the law. Because we find that the County has a rational basis for including certain employees within its pension plan and excluding others, like the Superior Court Clerk, we reverse. The County participates in a pension plan, created in 1988 by the Association of County Commissioners of Georgia, that provides retirement benefits to County employees. The County, rather than the individual employees, contributes its own funds towards each employee’s pension.

Initially, the County’s constitutional officers, including the Superior Court Clerk, the Probate Judge, the Sheriff, and the Tax Commissioner, were not included in the County pension plan. These constitutional officers were excluded because they have access to pension plans through the State’s retirement system.

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