Justice KITTREDGE.
We granted a writ of certiorari to review the court of appeals' opinion in Grimsley v. South Carolina Law Enforcement Division (Grimsley II), 408 S.C. 38, 757 S.E.2d 542 (Ct.App.2014), which reversed the trial court's grant of summary judgment in favor of Petitioner South Carolina Law Enforcement Division (SLED). We reverse.
Respondents are former SLED agents who retired and were rehired by then SLED Chief Robert Stewart for a period of four years pursuant to a rehire program formulated by Chief Stewart. At the conclusion of Respondents' service under the rehire program, they filed suit against SLED and the State under various theories, all premised on the allegation that SLED deducted from their salaries the amount of the employer's contribution to the retirement system. The State was granted dismissal of the Complaint pursuant to Rule 12(b)(6), SCRCP.
On remand and following discovery, the trial court granted SLED summary judgment, which the court of appeals reversed. Having carefully reviewed the record, we find the
This case arises out of a dispute over a hiring program created by SLED involving participants in the Police Officers Retirement System (PORS). We now have the benefit of an extensive record following discovery, and the essential facts are not in dispute. In 2002, the General Assembly eliminated salary caps for so-called working retirees, that is, state employees who retired and then returned to work. This allowed state employees, including members of the PORS like Respondents, to retire, collect full retirement benefits, and then return to their former jobs at salaries that could have been, but were not required to be, the same as their pre-retirement salaries. Shortly after the salary cap was eliminated, Chief Stewart developed the program in question, informally called the Retirement/Rehire program (Program).
Chief Stewart created the Program, in part, because an existing program, the Teacher and Employee Retention Incentive (TERI) program, was not available for members of the PORS. Chief Stewart described the Program as benefiting all involved — SLED, its employees, and the people of South Carolina. SLED benefited because the Program allowed more experienced employees to remain in service after becoming eligible to retire, working alongside agents with less experience. To the extent employees were rehired at reduced salaries, SLED also benefited by saving money, thereby allowing the agency to avoid layoffs while maintaining services. The citizens and taxpayers of South Carolina benefited from SLED's ability to maintain a high level of service at a reduced cost. Finally, Program participants benefited by drawing retirement benefits while still working and earning a salary, albeit a reduced salary.
Respondents clearly understood the Program's conditions, which included a reduction in their salaries and a term of employment not to exceed four years. Respondents signed multiple forms confirming the details of the arrangement were just as SLED had asserted. One of those forms, a re-employment orientation form, stated that Respondents' salaries were being reduced "to cover the amount it will cost SLED to pay the employer portion of retirement." Chief Stewart said that he decided to reduce the salaries of Program participants by the amount of the employer retirement contribution to provide some degree of savings to taxpayers from rehiring retired agents. He also stated that using that percentage established a uniform reduction figure for working retirees' salaries. This uniform approach to determining Program participants' rehire salaries lessened the potential for complaints from the rehired agents and simplified the Program's administration.
After participating in the Program for the agreed-upon four years, Respondents received letters in 2008 thanking them for their service and informing them that their employment would be ending. During their service as rehired agents, Respondents never complained about their salaries or the issue of the employer retirement contribution.
A few months later, in December 2008, Respondents filed suit seeking recovery for alleged statutory and constitutional violations. Respondents' statutory claims were premised on alleged violations of section 9-11-90(4)(b) of the South Carolina Code, which requires employers, such as SLED, to "pay
As noted, the trial court granted the State's motion to dismiss as to all of Respondents' claims. On appeal, we reversed based on the standard of review; accepting as true the allegation that SLED rehired Respondents at their former salaries and then deducted the employer retirement contribution from those salaries, Respondents had pled a viable claim. Grimsley I, 396 S.C. at 283-86, 721 S.E.2d at 427-28. After this Court issued its decision in Grimsley I and the parties engaged in discovery, the parties filed cross-motions for summary judgment. It is the trial court's ruling on those motions that led to the current appeal.
In their motion, Respondents sought summary judgment on the ground that the Program required Respondents to pay the employer's retirement contribution to the state retirement system, in violation of section 9-11-90, the constitutional prohibition against takings, and constitutional due process requirements. Respondents argued that SLED violated the plain language of section 9-11-90, which requires employers to pay retirement contributions for working retirees in the same manner as non-retired employees, by deducting the employer contribution from their salaries.
In support of its motion for summary judgment, SLED relied on the facts as revealed in discovery. More to the point, SLED contended it had conclusively established that the required employer retirement contribution was never deducted from Respondents' salaries but was, in fact, always paid by SLED. SLED further noted that Respondents retired unconditionally and agreed to be rehired at a reduced salary, and an employee who retires has no unconditional right to be rehired at all, much less at a particular salary. The trial court agreed, granting SLED's motion for summary judgment and denying Respondents' motion.
On appeal, the court of appeals reversed, finding there was a genuine issue of material fact as to whether SLED rehired Respondents at their pre-retirement salaries and whether SLED deducted the employer contribution to the retirement system from those salaries. This Court granted SLED's petition for a writ of certiorari to review the court of appeals' decision.
SLED argues the court of appeals erred in reversing the trial court's grant of summary judgment in its favor because the undisputed facts establish that Respondents were rehired at new salaries and no employer retirement contribution was deducted from those salaries; therefore, SLED contends, it is entitled to a judgment as a matter of law. We agree.
"An appellate court reviews the granting of summary judgment under the same standard applied by the trial court...." Quail Hill, L.L.C. v. Cnty. of Richland, 387 S.C. 223, 235, 692 S.E.2d 499, 505 (2010) (citing Brockbank v. Best Capital Corp., 341 S.C. 372, 379, 534 S.E.2d 688, 692 (2000)).
Following remand from this Court in Grimsley I, the parties engaged in discovery which revealed Respondents were rehired with new, reduced salaries and were never responsible for paying the employer retirement contribution. To the contrary, the evidence showed SLED paid the required employer retirement contribution at all times.
On May 20, 2004, Respondent Grimsley sent a letter to Chief Stewart expressing his intention to retire on June 30 of that year and acknowledging that he would have to request to be rehired. That June, Grimsley formally requested to be rehired, agreeing to a salary "13.6% less than [his] previous base salary." In July, SLED agreed to rehire Grimsley based on Grimsley's written acceptance of a salary equal to his "previous base salary less 13.6%." Respondent Jowers signed forms that, while containing different dates and amounts, were identical in all relevant respects.
Deposition testimony and affidavits from SLED employees confirm that Respondents received exactly what they bargained for. Lynn Hutto, the director of human resources at
Citing an isolated phrase in one of many forms signed by Respondents — "[y]ou will have a reduction of 13.6% in your salary to cover the amount it will cost SLED to pay the employer portion of retirement" — the court of appeals concluded that "a reasonable jury could find SLED agreed to pay
The trial court therefore correctly found Respondents' claims had no basis in fact as Respondents were unable to produce any evidence that they were rehired at their previous salaries or that the employer retirement contribution was ever deducted from their pay. As the evidence leaves no doubt that SLED paid the employer retirement contribution at all times, Respondents' claims fail.
We reverse the court of appeals and reinstate the trial court's entry of judgment for SLED.
TOAL, C.J., BEATTY, HEARN, JJ., and Acting Justice JAMES E. MOORE, concur.