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2007-05-07-01 The Supreme Court of South Carolina

The Supreme Court of South Carolina

Nancy S. Layman, David M. Fitzgerald,
Vicki K. Zelenko, Wyman M. Looney and
Nancy Ahrens, on behalf of themselves
and all others similarly situated, Petitioners,

v.

The State of South Carolina and the
South Carolina Retirement System, Respondents.


ORDER


In Layman v. State of South Carolina, 630 SE2nd 265, 368 SC 631 (2006), the Court remanded “the issue of breach of contract as to the old working retirees to the” Honorable John L. Breeden “for a case by case factual determination of whether any actions of the State with regard to individual old working retirees constituted a breach of contract.” By Order dated June 1, 2006, the Court modified its decision in Layman by decertifying the class of working retirees and remanding only petitioner Nancy Ahrens’ case to Judge Breeden “to decide whether to certify a class or deal with the cases individually.” Judge Breeden was authorized “to fully explore the issue of whether the working retirees entered into a binding contract and all other issues involved in the working retiree action(s).”

Due to Judge Breeden’s pending retirement, this matter must be reassigned. NOW, THEREFORE,

IT IS ORDERED that Nancy Ahrens’ case and the case of any other working retiree similarly situated are assigned to the Honorable James C. Williams, Jr. who shall have full authority to decide whether to certify a class or deal with the cases individually. Judge Williams has the authority to fully explore the issue of whether the working retirees entered into a binding contract and all other issues involved in the working retiree action(s).

  s/Jean Hoefer Toal
Jean Hoefer Toal
Chief Justice

May 7, 2007
Columbia, South Carolina