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FAIR v. S. E. R. S.

No. 77-375.

53 Ohio St. 2d 118 (1978)

FAIR, APPELLEE, v. SCHOOL EMPLOYEES RETIREMENT SYSTEM, APPELLANT; ET AL.

Supreme Court of Ohio.

Decided February 15, 1978.

Attorney(s) appearing for the Case

Messrs. Lucas, Prendergast, Albright, Gibson, Brown & Newman, Mr. Peter J. Gee and Mr. Robert J. Walter, for appellee.

Mr. William J, Brown, attorney general, and Mr. Thomas R. Anderson, for appellant.

SWEENEY, J.

The central issue in this cause is whether the School Employees Retirement Board is bound by the consequences of a regulation promulgated by the State Board of Education in determining eligibility of a member in the School Employees Retirement System for disability retirement.

The courts below have held in effect that it is the function of the employer to determine in the first instance the disabilities which will render an employee incapable of...

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