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HUDSON v. JOHNSTONE

No. 5938.

660 P.2d 1180 (1983)

William HUDSON, Commissioner of Administration and the State of Alaska, Appellants, v. Karl JOHNSTONE and Richard Avery, Appellees.

Supreme Court of Alaska.

March 4, 1983.

Attorney(s) appearing for the Case

David T. LeBlond, Asst. Atty. Gen., Anchorage, and Wilson L. Condon, Atty. Gen., Juneau, for appellants.

Robert H. Wagstaff, D. John McKay, Wagstaff, Middleton & Pope, Anchorage, for appellees.

Before BURKE, C.J., and RABINOWITZ, MATTHEWS, and COMPTON, JJ.

OPINION

MATTHEWS, Justice.

This case involves a constitutional challenge to AS 22.25.011 requiring contribution by justices and judges to a retirement system. We find that the lower court erred in declaring the statute unconstitutional on equal protection grounds, and therefore reverse.

AS 22.25.011 states that "[e]ach justice and judge appointed after July 1, 1978, shall contribute seven per cent of the base annual salary received by the justice...

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