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STATE v. PUBLIC EMPLOYEES RETIREMENT BD.

No. 22279.

907 P.2d 190 (1995)

120 N.M. 786

STATE of New Mexico, ex rel., Attorney General Tom UDALL, Plaintiff-Respondent, v. PUBLIC EMPLOYEES RETIREMENT BOARD, and each member of the Board in his or her official capacity, Ben D. Altamirano, et al., Defendants-Petitioners.

Supreme Court of New Mexico.

November 22, 1995.

Attorney(s) appearing for the Case

Carpenter, Comeau, Maldegen, Brennan, Nixon & Templeman, Richard N. Carpenter, Michael R. Comeau, Jon J. Indall, Santa Fe, Campos & Sanchez, Daniel Sanchez, Santa Fe, for Petitioners.

Tom Udall, Attorney General, Robert Tabor Booms, Constance Fuqua, Assistant Attorneys General, Santa Fe, for Respondent.

OPINION

FROST, Justice.

Defendants-Petitioners appeal from the Court of Appeals decision finding the Legislative Retirement Plan, NMSA 1978, §§ 10-11-39 to -43 (Repl.Pamp.1992), unconstitutional. The Court of Appeals held that legislative retirement benefits constituted compensation in violation of Article IV, Section 10 of the New Mexico Constitution, which proscribes payment of any other compensation to legislators beyond their per diem...

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