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BD. OF TRUSTEES, ETC. v. KENWORTHY

41230, 41232.

253 Ga. 554 (1984)

322 S.E.2d 720

BOARD OF TRUSTEES OF THE EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA et al. v. KENWORTHY. EMPLOYEES' RETIREMENT SYSTEM OF GEORGIA et al. v. GEORGIA STATE EMPLOYEES ASSOCIATION, INC. et al.

Supreme Court of Georgia.

Decided November 26, 1984.

Attorney(s) appearing for the Case

Michael J. Bowers, Attorney General, Carl C. Jones, Senior Assistant Attorney General, for appellants.

Southeastern Legal Foundation, G. Stephen Parker, Robert B. Baker, Allen R. Hirons, for appellee (case no. 41230).

Powell, Goldstein, Frazer & Murphy, Nickolas P. Chilivis, Kenneth G. Menendez, King & Spalding, Joseph B. Haynes, Ralph A. Pitts, W. Fred Orr II, for appellees (case no. 41232).

BELL, Justice.

These cases, consolidated for appeal, arise out of the payment by appellant Employees' Retirement System of Georgia (ERS) to former Governor George D. Busbee of certain retirement benefits allegedly due him by virtue of Busbee's "involuntary separation" from state service following the expiration of his second term as Governor in 1983. See OCGA §§ 47-2-123, 47-2-1 (20) & (21). The trial court held in each case that Busbee was not entitled...

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