CHARLESTON — A man is suing the city of Charleston's Policemen's Pension and Relief Fund for breach of contract.
Todd Lewis Taylor retired from the Charleston Police Department on Oct. 24, 2019, after serving the department for 20 years, according to a complaint filed in Kanawha Circuit Court.
Taylor claims in reliance upon the way Charleston's Policemen's Pension and Relief Fund had operated during the entire time of his employment, the plaintiff worked numerous hours during the last three years prior to his retirement to bolster his pension benefit.
"Contrary to what the Pension Fund had done for the last twenty years, and contrary to what the Pension Fund had done for the past ninety-seven retiring police officers, when the Plaintiff retired, the Fund invoked West Virginia Code..." the complaint states.
The code invoked has existed during the 20 years of the plaintiff's employment, it was never utilized by the pension fund in calculating any of the officer's retirement benefits.
Taylor claims the defendant breached their contract with him. He claims that he worked numerous hours during the last three years of his employment in reliance on the fund's previous representation.
The plaintiff claims he forwent other employment opportunities and stayed at the Charleston Police Department in anticipation that he would be entitled to draw his full Pension benefits upon reaching his 20 years of service.
As a direct and proximate result of the plaintiff's detrimental reliance, he sustained damages, according to the suit.
Taylor claims the defendant's actions were also fraud and he relied on the fund's words and actions.
Taylor is seeking his complete pension benefit and compensatory damages. He is represented by Michael J. Del Giudice of Ciccarello, Del Giudice and LaFon in Charleston.
The case is assigned to Circuit Judge Carrie Webster.
Kanawha Circuit Court case number: 21-C-631