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The Board of Trustees for the ERS (the “Board”) voted to deny appellee’s request for his service pension at their meeting on October 11, 2011, because it determined his service to BCPS was not “honorable and faithful” as required by the Baltimore County Code. Mr. Minton challenged the Board’s decision before the County Board of Appeals and, after a hearing the CBA voted to reverse the decision of the Board and grant Mr. Minton his service pension. ERS appealed to the circuit court, which affirmed the CBA’s decision. ERS now appeals from the circuit court’s order and presents the following questions for our review, which we have reordered and rephrased as follows:

I. Whether appellee’s resignation in lieu of termination acted as a waiver of appellee’s right to contest the denial of his pension before the CBA;

II. Whether the CBA was the proper venue for consideration of appellee’s membership service;

III. Whether the CBA considered all evidence material to the issue of appellee’s membership service to BCPS;

IV. Whether the CBA’s decision as to appellee’s membership service to BCPS was not arbitrary and capricious, and was supported by substantial evidence.

Read the unreported opinion.