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GULBRANDSON v. CAREY

No. 94-526.

901 P.2d 573 (1995)

L.C. GULBRANDSON, Plaintiff, v. CAROLE CAREY, Fred J. Flanders, Carol Lambert, Troy McGee, Sr., Eleanor Pratt and Terry Tiechrow, Individually and in their official capacities as members of the Montana Public Employees' Retirement Board, Defendants.

Supreme Court of Montana.

Decided August 24, 1995.

Rehearing Denied September 21, 1995.

Attorney(s) appearing for the Case

Thomas K. Hopgood; Luxan & Murfitt, Patrick F. Hooks (argued), Helena, for plaintiff.

Kelly A. Jenkins (argued) Special Assistant Attorney General, Montana Department of Administration, Helena, for defendants.

GRAY, Justice.

By order dated October 31, 1994, and pursuant to Rule 44, M.R.App.P., the United States District Court, District of Montana, certified the following question of law to this Court for consideration and decision:

Does the benefit increase provided for in Chapter 664, Laws of 1989, an amendment to § 19-5-502, MCA, which became effective on July 1, 1991, apply to members of the Montana Judges' Retirement System who retired after the date of...

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