City of Gadsden v. HarbinAnnotate this Case
Roy Harbin started working as a police officer for the City in 1972. At that time, he started mandatory participation in the Policemen's and Firemen's Retirement Fund of the City of Gadsden ("the PFRF"). In 1975, the PFRF was modified by the Legislature, and a "sliding scale provision" was eliminated. The PFRF was modified again in 1980. In 2002, all PFRF funds were transferred to the Employees Retirement System of Alabama ("the ERS"), which then administered the retirement program for the City's police officers. Harbin retired in 2012 and received pension payments under the ERS. In 2007, Harbin sued the City, alleging breach of contract under the 1972 PFRF. He amended his complaint five time, with the last amendment in 2011. He eventually won on his breach of contract claim against the City. The City appealed the circuit court's denial of its motion to dismiss. Upon review, the Supreme Court concluded that Harbin had no presented sufficient evidence to establish that Harbin had a contract with the city. The Court therefore concluded the City was entitled to summary judgment.