CHARLESTON – A retired officer with the Nitro Police
Department says that although he is fully vested in the department’s pension
program, the administrators are forcing him to wait until he reaches age 50 to
Donald A. Scurlock filed a lawsuit April 25 in Kanawha Circuit Court
against the Board of Trustees of the Nitro Policeman Pension and Relief Trust
According to the complaint, Scurlock served as a National
Guard crewman in the U.S. Army from 1991 to 2005 and as a full-time member of
the Nitro police force from 1996 until the present. According to the suit, Scurlock
has passed the 20-year mark with the police department, entitling him to full
pension benefits. However, once he announced his intent to retire in January,
Scurlock says he received a letter from the pension administrators stating he
would have to wait until he was 50 before seeing any of the pension benefits.
Scurlock seeks a declaratory judgment entitling him to draw
pension benefits immediately, as well as retroactively back to Feb. 1, plus legal
expenses. He is represented by attorney Michael J. Del Giudice of Ciccarello,
Del Giudice & LaFon in Charleston.
Judge Carrie L. Webster is assigned to the case.
Kanawha Circuit Court Case number 16-C-609