The Wilmington morning star., 1943-12-05
FRIENDLY SUIT
SAID IN PROSPECT
Continued From Page One)

the ABC board, Associated CHAR
ties, the public library, Communi
tv hospital, and others, with re
,ation to the retirement fund.
The declaration of the City Pen
sion board that it is now in nc
nosition to honor the petition Of
the employees for coverage, comes
Mn the heels of the ruling of State
Attorney General Harry McMul-
Ian in whose opinion Board OF
Health employees are employees OF
both city and county, and as
s,1ch are entitled to the same
privileges as regular employees OF
either government.
Conceding to the ruling OF the
attorney general, but against the
before-stated personal interpreted
ton City Attorney w. B. Camp
bell several weeks ago recon-
mended that the City Pension
board abide by that decision IN
the absence of the test case. The
board did not accept the recon-
mendation.
At meeting last Monday the
Board of County Commissioners
acting on the advice of County Al.
torney Marsden Bellamy, agreed
to accept McMullan's ruling. IL
YVES understood that supplement
tary money would be made avail
able by the county to bolster It's
retirement fund for the extra load.
Board of Health workers are
paid in the proportion of one
third by the county and tWo-t}1lrds
by the city. Thus the consent OF
both governments is requisite
before Joint retirement provision
is possible.
Following the meeting of the
City Pension board. Saturday. this
statement of the city's policy in
the retirement was released:
"At a meeting of the Pension
board of the City of Wilmington,
held at the City hall, Saturday.
December 4, 1913, the Board of
Health's petition that its employees
be allowed to participate in the
benefits of the retirement fund
of the City of Wilmington was
discussed.
WILLIAM B. Campbell. CITY at
torney who is also the attorney
for the Retirement board. again
advised that. in his opinion. en-
ployes Of the Board of Health are
not employees of the City of Will
mington. under the language of
the Act, and not entitled to par
ticipate, and further stated the at
torney general for the State of
North Carolina had ruled differ
emily, but that this ruling did not
change his opinion. 1t was pointed
out in the meeting that the ruling
Of the attorney general was not
binding. but merely an advisory
opinion as to the law on the SUBJ
iect.
The members of the board. hn-
ing of the opinion that, in order
to protect the fund of the organi-
cation, it would be their duty to
reject the petition and unanimous
ly voted chat this be done. How
ever, the members of the board
expressed their wish that the
Board of Health make test casa
Of this matter and have it judi
cially determined by the Supreme
court, and declared their willing
ness to cooperate in any way to
expedite the matter. They further
pointed out that a judicial deter
of the matter by the ST.
preme court of North Carolina
would settle the issue definitely,
leaving no question as to the legali-
ty of their action.
in addition to the petition of
the Board of Health employees, the
Of the Pension board
were advised that the employees of
the ABC Board, Associated Chair
tets. public library, hospital, and
possibly others, either had or
probably would seek to participate
in the benefits of the Act"
1t has been reported that there
ale at least two employees of the
Consolidated Board of Health who
are interested in retiring at an
early date because of age and
disability.
Should the pension matter reach
the Supreme court, the final rul-
ing will not be forthcoming be-
fore the spring of 1914, when the
court is scheduled to convene.
Both the city and county pen
sion systems began operation July
!. It was several months later,
after city and county govern
ments refused to accept the Board
of Health's retirement deductions
from workers pay-checks that
the employees learned they were
rot included in any retirement
plan.
I ~
FIRST RTJRRER