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STATE, EX REL. PUBLIC EMPLOYEES RETIREMENT BOARD v. BAKER

No. 35744.

169 Ohio St. 499 (1959)

THE STATE, EX REL. PUBLIC EMPLOYEES RETIREMENT BOARD ET AL., v. BAKER ET AL., COUNTY COMMRS. OF MADISON COUNTY, ET AL.

Supreme Court of Ohio.

Decided July 15, 1959.

Attorney(s) appearing for the Case

Mr. William Saxbe, attorney general, Mr. Hugh A. Sherer, Mr. C. V. Thomas and Mr. Paul T. Key, for relators.

Mr. Forrest E. Sidener, Jr., prosecuting attorney, for respondents.

WEYGANDT, C. J.

There are two phases of this controversy.

The first involves the payment of the employer's contribution to the retirement fund. The second relates to the payment of the employee's contribution.

However, there is no dispute as to the obligation to pay the employer's contribution. But the respondents insist that the payment need not be made unless and until the employee makes his contribution. One difficulty with this view...

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