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BD., PUBLIC EMP. RETIREMENT FUND v. MILLER

No. 49S02-8703-CV-299.

519 N.E.2d 732 (1988)

THE BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES' RETIREMENT FUND OF INDIANA, Appellant (Defendant below), v. Jacob S. MILLER, Appellee (Plaintiff below).

Supreme Court of Indiana.

March 3, 1988.

Attorney(s) appearing for the Case

Harry Dudley Miller, Deputy Atty. Gen., Public Employee Retirement Fund of Indiana, Indianapolis, for appellant.

Gary L. Miller, Hollingsworth Meek & Miller, P.C., Indianapolis, for appellee.

SHEPARD, Chief Justice.

The issue before us is whether a former magistrate is entitled to creditable service towards the Public Employees' Retirement Fund (PERF) when the city-county resolution opting into the Fund excluded part-time employees.

The facts are undisputed. Judge John L. Niblack of the Marion Circuit Court had the power to appoint magistrates to preside over small claims, misdemeanors and traffic offenses. On January 1, 1960, Judge Niblack appointed...

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