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OSICK v. PUBLIC EMP. RETIREMENT SYSTEM OF IDAHO

No. 18836.

835 P.2d 1268 (1992)

122 Idaho 457

Robert OSICK, Petitioner-Appellant, v. PUBLIC EMPLOYEE RETIREMENT SYSTEM OF IDAHO, Respondent.

Supreme Court of Idaho, Boise, February 1992 Term.

June 8, 1992.

Attorney(s) appearing for the Case

Goicoechea Law Offices, Chartered, Boise, for appellant. Lynn M. Luker argued.

Larry EchoHawk, Atty. Gen., Steven F. Scanlin, Deputy Atty. Gen., Boise, for respondent. Steven F. Scanlin argued.

JOHNSON, Justice.

This is a public employee disability retirement benefits case. The issues presented are:

1. Does I.C. § 72-318 prohibit the offset required by I.C. § 59-1320(1), now I.C. § 59-1353(1), against disability retirement benefits under the Public Employee Retirement System (PERSI) of the annual amount of workers' compensation benefits payable because of the same disability?

2. If not, does the offset violate the constitutional...

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