Ahrens and Arnold Cases Update

Please see the information below for an update on the Ahrens and Arnold cases.

The Circuit Court has issued an order finding in favor of the plaintiffs based on the equitable theory of estoppel.
The order, if upheld, would require a refund of contributions from covered class members, as well as enjoin the state from collecting future contributions from class members as long as they remain covered by the class definition.
The Circuit Court’s order has been stayed (meaning it is not enforceable) through the appellate process.
The state, the South Carolina Retirement Systems, and the plaintiffs have appealed the Circuit Court’s order.
The class in the Ahrens and Arnold cases is defined as follows:

All persons who retired as members of the South Carolina Retirement System or the Police Officers Retirement System and returned to covered employment prior to July 1, 2005, and, as a result of legislation effective July 1, 2005, then made contributions to the retirement system. Excluded from the class are those employees who had previously opted out of membership of the retirement system and persons who became participants in the Teacher and Employee Retention Incentive (TERI) program.

The class definition excludes anyone who entered the TERI program.
The state and the Retirement Systems have appealed the Circuit Court’s order certifying the class.
State law currently requires working retirees to make employee contributions to the Retirement Systems in the same manner as active employees.
The Retirement Systems must follow the law until: 1) it is ruled invalid by a court of last resort; or, 2) it is repealed or amended by the state legislature.

Specific questions about the Ahrens and Arnold cases should be addressed to class counsel as follows:

For the Ahrens (SCRS retirees) case:

A. Camden Lewis
Keith M. Babcock
Ariail E. King
LEWIS & BABCOCK, LLP
Post Office Box 11028
Columbia, SC 29211
803-771-8000

Richard Harpootlian
RICHARD A. HARPOOTLIAN, P.A.
Post Office Box 1090
Columbia, SC 29202
803-252-4848

For the Arnold (PORS retirees) case:

Gene M. Connell, Jr.
KELAHER, CONNELL & CONNER, PC
P.O. Drawer 14547
Surfside Beach, SC 29587
843-238-5648

Brana J. Williams,
WILLIAMS LAW FIRM, LLC
1121 Third Ave.
Conway, SC 29526
843-248-5100

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