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AIKENS v. ALEXANDER

No. 2-777A291.

397 N.E.2d 319 (1979)

Mary AIKENS, Auditor of the State of Indiana; Jack New, Treasurer of the State of Indiana; Edison L. Thuma, Budget Director of the State of Indiana; Board of Trustees of the Public Employees Retirement Fund, Appellants (Defendants below), v. Alice C. ALEXANDER, Ronald L. Wilson, for and On Behalf of All Members and Beneficiaries of the Class of the Public Employees' Retirement Fund, Appellees (Plaintiffs below).

Court of Appeals of Indiana, Fourth District.

Rehearing Denied January 9, 1980.

Attorney(s) appearing for the Case

Theodore L. Sendak, Atty. Gen., William G. Mundy, Deputy Atty. Gen., Indianapolis, for appellants.

Rex P. Killian, Paul G. Roland, Ruckelshaus, Bobbitt & O'Connor, J. Michael Sara, Indianapolis, for appellees.

YOUNG, Judge.

This is an appeal from the trial court's issuance of a mandatory injunction ordering the transfer of funds by public officials to the retirement fund of public employees and awarding attorney's fees.

The Public Employees Retirement Fund (PERF) is funded by contributions by the State and public employees to make up a pension for public employees upon their retirement. The employees contribute 3% of their gross salaries. The remainder of the fund...

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