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STATE EX REL. PLAVCAN v. SCHOOL EMP. RETIREMENT SYS. OF OHIO

No. 93-2532.

71 Ohio St.3d 240 (1994)

THE STATE EX REL. PLAVCAN, APPELLEE, v. SCHOOL EMPLOYEES RETIREMENT SYSTEM OF OHIO, APPELLANT.

Supreme Court of Ohio.

Decided December 20, 1994.

Attorney(s) appearing for the Case

Martin, Pergram, Browing & Parker Co., L.P.A., Robin L. Parker and James M. Dietz, for appellee.

Lee Fisher, Attorney General, and Christopher S. Cook, Assistant Attorney General, for appellant.

Per Curiam.

We affirm the decision of the court of appeals for the following reasons.

As amended by Am.S.B. No. 346, effective July 29, 1992, R.C. 3309.39 states in pertinent part:

"(A) The school employees retirement system shall provide disability coverage to each member who has at least five years of total service credit.

"Not later than October 16, 1992, the school employees retirement board shall give each person who is a member...

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