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STATE EX REL. HELMAN v. GALLEGOS

No. 12614.

839 P.2d 624 (1992)

STATE of New Mexico ex rel. Leonard A. HELMAN, Robert Vigil and Francis West, on behalf of themselves and the class of all persons similarly Situated, Petitioners-Appellees, v. Carlos GALLEGOS, Executive Secretary, New Mexico Public Employees Retirement Association; New Mexico Public Employees Retirement Board et al., Respondents-Appellants.

Court of Appeals of New Mexico.

Certiorari Granted August 14, 1992.

Attorney(s) appearing for the Case

Ronald J. Van Amberg, Santa Fe, for petitioners-appellees.

Tom Udall, Atty. Gen., Michael Dickman, Asst. Atty. Gen., Santa Fe, for respondents-appellants.

OPINION

BIVINS, Judge.

Public Employees Retirement Board (PERB) appeals from a judgment of the district court requiring that PERB refund 11/12ths of the purchase cost of service credit to Petitioners who paid twelve times the cost prescribed by the statute and allow the others to pay the cost prescribed by the statute. PERB claims that the district court erred by: (1) elevating the literal words of the statute above the legislative intent; (2) not concluding...

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