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SMITH v. BD. OF TRUSTEES

No. COA95-786.

471 S.E.2d 121 (1996)

Shirley M. SMITH, Petitioner v. BOARD OF TRUSTEES OF THE TEACHERS' and State Employees' Retirement System.

Court of Appeals of North Carolina.

June 4, 1996.

Attorney(s) appearing for the Case

Hall & Joneth, P.C. by Charles T. Hall, Raleigh, for petitioner-appellant.

Attorney General Michael F. Easley by Special Deputy Attorney General Alexander McC. Peters, for respondent-appellee.

EAGLES, Judge.

I.

Petitioner first argues that under G.S. 135-106(b), the amount of offset for disability benefits received from the Social Security Administration is the net amount after deduction of attorneys fees and costs associated with obtaining the disability benefits. Our recent decision in Willoughby v. Board of Trustees, 121 N.C. App. 444, 466 S.E.2d 285 (1996) is dispositive of this issue. In Willoughby...

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