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

In Dukes v. Board of Trustees for the Police Officers Pension Fund, 280 Ga. 550 (629 SE2d 240) (2006) the plaintiff, a city police officer, was told by a pension board official that the period he worked for a different governmental entity would be included in determining his eligibility for retirement benefits. After the police officer retired, the pension board rescinded this decision and recalculated the officer's benefits. The Court upheld a grant of summary judgment in favor of the board on the officer's claim for promissory estoppel. Id. at 554. In so doing, the Court noted that "the question . . . turned on whether the board official and the board had the legal authority to disburse retirement benefits based on the officer's prior service." Id. at 552-553. The Court held that the relevant ordinance allowed credit for prior service only if two requirements were met and "did not confer upon the board the authority to disregard or deviate from the mandatory language of the ordinance." Id. at 553.