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GUTIERREZ v. POLICE & FIREMEN'S DISABILITY & PENSION FUND OF OHIO

No. 93-1393.

70 Ohio St.3d 362 (1994)

GUTIERREZ, APPELLANT, v. POLICE AND FIREMEN'S DISABILITY AND PENSION FUND OF OHIO ET AL., APPELLEES.

Supreme Court of Ohio.

Decided September 28, 1994.

Attorney(s) appearing for the Case

McLaughlin, McNally & Carlin, Clair M. Carlin and John A. McNally III, for appellant.

Lee Fisher, Attorney General, and Doug S. Musick, Assistant Attorney General, for appellees.

PFEIFER, J.

In this case we must decide whether an application to participate in the Police and Firemen's Disability and Pension Fund pursuant to R.C. 742.37(C)(2) must be made while the applicant is a "member of the fund" as defined in R.C. 742.01(E). We hold that if a police officer is a member of the fund at the time he is permanently and totally disabled in the performance of his official duties he is entitled to commence participation in the fund at any time...

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