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SIMPSON v. NORTH CAROLINA LOCAL GOVERNMENT EMP. RETIRE. SYS.

No. 8710SC400.

363 S.E.2d 90 (1987)

88 N.C. App. 218

Jesse R. SIMPSON, Richard D. Moore, on behalf of themselves and all others similarly situated v. NORTH CAROLINA LOCAL GOVERNMENT EMPLOYEES' RETIREMENT SYSTEM, a corporation; Board of Trustees of the North Carolina Local Government Employees' Retirement System, a body politic and corporate; E.T. Barnes, Director of the Retirement System Divisions and Deputy Treasurer for the State of North Carolina (in his official capacity); Harlan E. Boyles, Treasurer of the State of North Carolina and Chairman of the Board of Trustees of the North Carolina Local Government Employees' Retirement System (in his official capacity); and the State of North Carolina.

Court of Appeals of North Carolina.

December 22, 1987.

Attorney(s) appearing for the Case

Daniels & Daniels, P.A. by Marvin Schiller, Research Triangle Park, for plaintiffs-appellants.

Atty. Gen. Lacy H. Thornburg by Norma S. Harrell, Asst. Atty. Gen., Raleigh, for defendants-appellees.

WELLS, Judge.

The question presented is whether the pension rights of vested members of the North Carolina Local Governmental Employees' Retirement System (Retirement System) may be made subject to adverse legislative modification without violation of U.S. Const. art. 1, § 10, cl. 1, prohibiting states from enacting any law "impairing the Obligation of Contracts." This is a case of first impression in North Carolina.1

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