State, Teachers, and Local Government Retirees
Military and Federal Government Retirees
Lawsuits 1989 to 2001

In March 1989 the U.S. Supreme Court ruled that states could not treat state employees different from federal and military employees as North Carolina and 23 other states were doing. In August 1989 a law was passed taking away state employees contractual retirement benefit of no state income tax so as to continue the tax against federal and military retirees. In 1998, the North Carolina Supreme Court held this was an impairment of the obligations of contract made with state employees since 1939. Retiree claims for $1.156 billion in illegal tax were resolved in 2000 by a settlement of $799 million. Bailey (State) and Patton (Federal) cases. Ultimately, the state plaintiffs received 100% in refunds and federal and military over 95%.


 

 

 

 
 
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