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EX PARTE EMPLOYEE'S RETIREMENT SYSTEM OF ALABAMA

1921416.

644 So.2d 943 (1994)

Ex parte EMPLOYEES' RETIREMENT SYSTEM OF ALABAMA; Dr. David G. Bronner, as Secretary-Treasurer of the Employees' Retirement System of Alabama; and the Board of Control of the Employees' Retirement System of Alabama. (Re EMPLOYEES' RETIREMENT SYSTEM OF ALABAMA, et al. v. Johnny B. NESMITH).

Supreme Court of Alabama.

Rehearing Denied July 8, 1994.

Attorney(s) appearing for the Case

William T. Stephens, Montgomery, for petitioner.

Theron Stokes and Corrie Haanschoten, for amicus curiae Ala. Educ. Ass'n.

Mark J. Williams for amicus curiae Ala. State Employees Ass'n.

Clyde C. Owen, Jr. and E. Hamilton Wilson, Jr. of Ball, Ball, Matthews & Novak, P.A., Montgomery, for Johnny B. Nesmith.

SHORES, Justice.

We granted this petition for the writ of certiorari to allow the Court to address the question whether § 36-27-16(e)(1), Ala.Code 1975, requires suspension of retirement benefits upon a State retiree's reemployment with the State or with a county, city, or other governmental unit participating in the Employees' Retirement System ("ERS"); or whether suspension of retirement benefits is required only upon such reemployment when additional retirement...

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