ORDERS:
ORDER OF DISMISSAL
The
above-captioned matter is before the Court upon the request of Petitioner
Charles T. Johnson for a contested case hearing to challenge the decision of
Respondent South Carolina Budget and Control Board, South Carolina Retirement
Systems, that his application for disability retirement benefits was not timely
filed. Petitioner now comes before the Court to request that this contested
case be dismissed with prejudice. Petitioner has advised the Court that, after
further consideration, he has decided not to pursue his disability claim.
Accordingly, Petitioner has asked the Court to dismiss his disability claim
with prejudice, but to also specify that such dismissal in no way affects
Petitioner’s rights to his pension monies and rights otherwise. Respondent
consents to Petitioner’s motion and agrees that this dismissal shall not affect
Petitioner’s pension rights and entitlements in any way except as to his
disability claim. Therefore, for good cause shown,
IT
IS HEREBY ORDERED that the above-captioned case is dismissed with prejudice
pursuant to Rule 41(a)(2), SCRCP, and ALC Rule 68.
AND
IT IS SO ORDERED.
____________________________
Honorable
John D. McLeod
Administrative
Law Judge
July 29, 2008
Columbia, South Carolina
I SO MOVE:
___________________________ July
23, 2008
Stuart W. Snow
Date
Attorney for Petitioner
I CONSENT:
____________________________ July
28, 2008
Justin R. Werner
Date
Attorney for Respondent
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