BENSON v. BOARD OF ED. OF MONT. CO.

[No. 118, September Term, 1976.]

280 Md. 338 (1977)

373 A.2d 926

BRIAN M. BENSON ET AL. v. THE BOARD OF EDUCATION OF MONTGOMERY COUNTY

Court of Appeals of Maryland.

Decided June 2, 1977.


Attorney(s) appearing for the Case

Cheryl C. Burke, with whom were Alper, Schoene, Horkan & Mann on the brief, for appellants.

Amici curiae brief filed by American Association of Retired Persons et al., Harmon Burns, Jr., and Miller, Singer, Michaelson, Brickfield & Raives on the brief.

Frank Cummings, with whom were Michael P. Barry, Marshall, Bratter, Greene, Allison & Tucker and John E. Powell on the brief, for appellee.

The cause was argued before MURPHY, C.J., and SINGLEY, SMITH, DIGGES, LEVINE, ELDRIDGE and ORTH, JJ.


ORTH, J., delivered the opinion of the Court.

Teachers in the public schools of Montgomery County may receive benefits upon normal retirement from two sources, the Teachers' Retirement System of the State of Maryland (the State Plan) and the Montgomery County Public Schools Employees' Retirement System (the County Plan). Referred to as a "service retirement allowance" in the State Plan and as a "base pension" in the County Plan, each is computed on

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