BRAZELTON v. KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM

No. 51,302

227 Kan. 443 (1980)

607 P.2d 510

ROBERT F. BRAZELTON, Chief of Police, City of Fairway, Kansas, and CAPTAIN DONALD J. HARPER, Consolidated Fire District 2, Johnson County, Kansas, for Themselves and for All Others Similarly Situated, Appellees, v. KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM, Appellant.

Supreme Court of Kansas.

Opinion filed March 1, 1980.


Attorney(s) appearing for the Case

Kenneth P. Hackler, assistant attorney general, argued the cause and Robert T. Stephan, attorney general, was with him on the brief for appellant.

S.W. Longan III, of Wilson & Longan, of Kansas City, Missouri, argued the cause, and Donald Patterson, of Fisher, Patterson, Sayler and Smith, of Topeka, was with him on the brief for appellee.


The opinion of the court was delivered by

HOLMES, J.:

This is an appeal in a declaratory judgment action by defendant, Kansas Public Employees Retirement System (KPERS), from an order of the district court holding that the 1974 amendment to K.S.A. 74-4965 and the 1975 amendment to K.S.A. 74-4966 were unconstitutional and invalid and enjoining the defendant from enforcing the same.

Plaintiffs, Robert F. Brazelton, Chief of Police of Fairway, Kansas...

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