FLAKE v. BENNETT

No. 52795.

156 N.W.2d 849 (1968)

Bernard FLAKE, Fred Kopp, and Dorothy E. Hohl and Karlyene Marie Bailey (substituted for Richard Hohl), for themselves and as representatives of classes with like interests, Appellees, v. Clifford BENNETT, L. D. Krueger, Dr. Robert Klein, Charles Thomas, William Brendel, Richard A. Shultz, and Robert B. Jehring, as members of the Board of Police Trustees pursuant to Section 411.5, Code of Iowa (1962), and as members of the Board of Trustees for the policemen's pension fund pursuant to Section 410.2, Code of Iowa (1962), and as representatives of classes with like interests; and Gene L. Needles (substituted for William F. Sueppel), and Paul Franzenburg, and Gerald Barnes, as members of the Board of Trustees pursuant to Section 97A.5, Code of Iowa, (1962), Appellants, William J. Swassing, et al., and Board of Trustees of the Police Retirement System of the City of Council Bluffs, Iowa: Wm. Vance, et al.; William Shriver, et al.; City of Burlington, Iowa, and Wran Van Osdol; City of Fort Madison, Iowa; City of Cedar Falls, Iowa; City of Waterloo, Iowa; Board of Trustees of the Fire Retirement System of the City of Des Moines, Iowa, et al., and Board of Trustees of the Police Retirement System of the City of Des Moines, Iowa, et al.; and Board of Police Trustees of the City of Mason City, Iowa, and Board of Fire Trustees of the City of Mason City, Iowa, Intervenors-Appellants.

Supreme Court of Iowa.

March 5, 1968.


Attorney(s) appearing for the Case

Richard Turner, Atty. Gen., Robert B. Jehring, City Atty., Muscatine, and William F. Sueppel, Iowa City, for appellants and intervenors-appellants.

Stanley, Bloom, Mealy & Lande, Muscatine, for appellees.


BECKER, Justice.

Plaintiffs in this class action seek declaratory judgments declaring that certain upward pension adjustments are to be made promptly after July 4, 1965 and pensioners are entitled to such adjusted pension amounts for all periods on and after July 4, 1965, less any amount previously paid. Defendants and intervenors contend the pensions are to be adjusted effective July 1, 1966. The trial court held the act took effect in its entirety on July 4, 1965...

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