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STANLEY v. RETIREMENT & HEALTH BEN., ETC.

No. 8110SC468.

286 S.E.2d 643 (1982)

Sidney Ronald STANLEY v. RETIREMENT AND HEALTH BENEFITS DIVISION, DEPT. OF STATE TREASURER, State of North Carolina.

Court of Appeals of North Carolina.

February 2, 1982.

Attorney(s) appearing for the Case

Moretz & Moore by J. Douglas Moretz, Sanford, for petitioner-appellant.

Atty. Gen. Rufus L. Edmisten by Associate Attys. Gen. Norma S. Harrell and Lucien Capone, III, Raleigh, for respondent-appellee.

HARRY C. MARTIN, Judge.

We are concerned here with a comprehensive statutory scheme encompassing retirement, disability, and death benefits for state employees. Petitioner challenges the constitutionality of this scheme on equal protection grounds. The death benefit provision reads in pertinent part as follows:

(l) Death Benefit.—Upon receipt of proof, satisfactory to the Board of Trustees, of the death, in service, of a member who had completed...

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