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Home / Courts / Labor & Employment – Public Employees – Retirement — Administrative Remedies – Inapplicable – Constitutional – Due Process – Property Interest (access required)

Labor & Employment – Public Employees – Retirement — Administrative Remedies – Inapplicable – Constitutional – Due Process – Property Interest (access required)

Grimsley v. South Carolina Law Enforcement Division Since plaintiffs’ disagreement is with the S.C. Law Enforcement Division and not with its retirement system, the Retirement Act does not apply, and plaintiffs were not required to exhaust any administrative remedies before filing suit. Furthermore, plaintiffs have sufficiently alleged a property interest in the percentage of their salary that was deducted to pay the defendant-employer’s share of plaintiffs’ retirement system contribution.

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