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STATE, EX REL. v. P. E. R. B.

No. 39000.

2 Ohio St. 2d 68 (1965)

THE STATE, EX REL. KREWSON, v. THE PUBLIC EMPLOYEES RETIREMENT BOARD OF OHIO ET AL.

Supreme Court of Ohio.

Decided April 7, 1965.

Attorney(s) appearing for the Case

Mr. Robert M. Krewson and Mr. Ralph D. Kovanda, for relator.

Mr. William B. Saxbe, attorney general, Mr. Larry G. Brake and Mr. E. W. Mastrangelo, director of law, for respondents.

ZIMMERMAN, J.

A controlling factor in determining benefits under the Public Employees Retirement System is the "final average salary" of the employee. "Final average salary" is defined in applicable Section 145.01 (K), Revised Code, effective June 30, 1959, as follows:

"* * * `final average salary' means the highest average annual compensation of a member during any five years of contributions and shall...

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