CMS police sue Board of Education over retirement benefits

CHARLOTTE, N.C. — Ten current and three retired Charlotte-Mecklenburg Schools police officers are suing the district’s Board of Education over a retirement payment dispute.

A lawsuit filed in Mecklenburg County Superior Court claims CMS is refusing to contribute 5% of the officers' monthly compensation to the Supplemental Retirement Income Plan, and CMS is refusing to provide retired officers with a special separation allowance.

"It has been very frustrating," John Gresham, attorney for the 13 current and retired officers, said. "They've not only refused to pay them, they have not provided a reason for their refusal."

The lawsuit claims the CMS board is violating state law by not providing the officers with these payments. The plaintiffs are sworn current and retired law enforcement officers who entitled to these same benefits as other officers in different jurisdictions and school districts, according to Gresham.

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According to state law, law enforcement officers are automatically enrolled in the Supplemental Retirement Income Plan, known as the NC401(k) Plan. Employers are supposed to pay up to 5% of the officers' salaries into the plan. The special separation allowance is for qualified retired officers who are younger than 62 years old.

Gresham said in 2018, officers received an opinion from the UNC School of Government that they qualify for these benefits. The opinion was shared with CMS, but Gresham said the school district has not explained why officers are not receiving the benefits.

"It has been a puzzle," Gresham said. "I wrote to the general counsel twice but for reasons unknown, there was no response."

Gresham said the issue has been tough on the officers who are passionate about their jobs and would rather not have to deal with the lawsuit.

The officers are seeking the number of benefits in excess of $20,000.

A spokesperson for Charlotte-Mecklenburg Schools declined to comment on this story.

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Cox Media Group