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CITY OF MARIETTA v. HOLLAND

40143, 40534.

252 Ga. 299 (1984)

314 S.E.2d 97

CITY OF MARIETTA et al. v. HOLLAND.

Supreme Court of Georgia.

Decided March 15, 1984.

Attorney(s) appearing for the Case

Downey, Cleveland, Moore & Parker, Joseph C. Parker, for appellants.

Alston & Bird, Peter M. Degnan, G. Conley Ingram, for appellee.

Walter E. Sumner, amicus curiae.

BELL, Justice.

This is a dispute over retirement disability benefits. Appellee served as a part-time councilman for appellant City of Marietta (the City) from 1961 to May, 1980. Appellee has a heart condition, and in June 1970 the Social Security Administration (SSA) determined he was eligible for disability benefits, and began payments thereof. In November 1973 the City joined the Joint Municipal Employees Retirement System (JMERS), Ga. L. 1965, p. 421 (now OCGA...

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