NASH v. BOISE CITY FIRE DEPT.

No. 13746.

663 P.2d 1105 (1983)

104 Idaho 803

Donald E. NASH, Claimant-Respondent, v. BOISE CITY FIRE DEPARTMENT, Employer, and Fireman's Retirement Fund, Defendant-Appellant.

Supreme Court of Idaho.

May 26, 1983.


Attorney(s) appearing for the Case

Blaine Evans, Paul S. Boyd and Hugh Mossman, Boise, for defendant-appellant.

Gardner W. Skinner and Berry Newal Squyres, Boise, for claimant-respondent.


HUNTLEY, Justice.

In 1978 the legislature amended I.C. § 72-1432B governing retirement benefits to firemen. From 1963 to 1976 the statute had provided that the monthly retirement checks would be adjusted upward or downward by a percentage equal to the percentage the average paid firefighters salary or wages varied each year.

In 1976 the statute was amended to peg the adjustment annually according to the determination of the "cost of living adjustment...

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