S. Ct. Civ. No. 2011-0096

In an action by a sitting Superior Court judge seeking declaratory, injunctive and accounting relief relating to retirement benefits arising from former service as the elected Lieutenant Governor of the Virgin Islands, summary judgment denying recovery of such benefits under 33 V.I.C. § 3080 is affirmed. The statute prevents former Governors and Lieutenant Governors from receiving pension payments from the Elected Governors and Elected Lieutenant Governors Retirement Fund while serving as a judge of the Superior Court, and this provision does not conflict with 3 V.I.C. § 733(g), which simply clarifies that nothing in title 3, chapter 27 prevents a member of the Judiciary from receiving an annuity for non-judicial service, and does not create any ambiguity to be resolved in the judge's favor. The provisions of 33 V.I.C. § 3080 are not part of title 3 and express provisions in § 3080(f)(c) clearly prevent former Governors and Lieutenant Governors from receiving pension payments while sitting on courts in this Territory or serving in other specified salaried elected or appointed government positions. The Legislature's policy reflected in these provisions is neither absurd nor unreasonable, and the statute is clear. The Superior Court's order granting summary judgment to the Government of the Virgin Islands is affirmed.