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McNICHOLS v. PUBLIC EMP. RETIREMENT SYS.

No. 16796.

755 P.2d 1285 (1988)

114 Idaho 247

Hugh McNICHOLS and Lorena "Peggy" Smith, Plaintiffs-Respondents, v. PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO, Public Employee Retirement Board of Idaho; Robert H. Venn, Executive Director of Public Employee Retirement System in his official and personal capacity; J. Allen Jensen, in his official and personal capacity; Joe R. Williams, in his official and personal capacity; Thomas V. Campbell, in his official and personal capacity; Richard A. Vasser, in his official and personal capacity; Maria Eschen, in her official and personal capacity, Defendants-Appellants.

Supreme Court of Idaho.

Rehearing Denied June 28, 1988.

Attorney(s) appearing for the Case

Jim Jones, Atty. Gen., and David G. High, Deputy Atty. Gen., argued, Boise, for defendants-appellants.

Howard G. Berringer, Boise, for plaintiffs-respondents.

McFADDEN, Justice, Pro Tem.

The principal issue presented in this case is whether the legislature can prospectively reduce the rate at which public employees earn retirement benefits. The district court in a summary judgment proceeding held our decision in Nash v. Boise City Fire Department, 104 Idaho 803, 663 P.2d 1105 (1983), prohibited a modification. The Public Employee Retirement System...

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