FAULKENBURY v. TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM OF NORTH CAROLINA

No. 100P99.

536 S.E.2d 620 (1999)

350 N.C. 379

Dorothy M. FAULKENBURY, on behalf of herself and all others similarly situated, v. TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM OF NORTH CAROLINA, a corporation; Board of Trustees Teachers' and State Employees' Retirement System of North Carolina, a body politic and corporate; Dennis Ducker, Director of the Retirement Systems Division and Deputy Treasurer of the State of North Carolina (in his official capacity); Harlan E. Boyles, Treasurer of the State of North Carolina and Chairman of the Board of Trustees Teachers' and State Employees' Retirement System of North Carolina, (in his Official capacity); and State of North Carolina. William H. Woodard, on behalf of himself and all other similarly situated, v. North Carolina Local Governmental Employees' Retirement System, a corporation; Board of Trustees of the North Carolina Local Governmental Employees' Retirement System, a body politic and corporate; Dennis Ducker, Director of the Retirement Systems Division and Deputy Treasurer of the State of North Carolina (in his official capacity); Harlan E. Boyles, Treasurer of the State of North Carolina and Chairman of the Board of Trustees of the North Carolina Governmental Employees' Retirement System (in his official capacity); and State of North Carolina. Bonnie G. Peele, on behalf of herself and all others similarly situated, v. Teachers' and State Employees' Retirement System of North Carolina, a corporation; Board of Trustees Teachers' and State Employees' Retirement System of North Carolina, a body politic and corporate; Dennis Ducker, Director of the Retirement System Division and Deputy Treasurer of the State of North Carolina (in his official capacity); Harlan E. Boyles, Treasurer of the State of North Carolina and Chairman of the Board of Trustees Teachers' and State Employees' Retirement System of North Carolina, (in his official capacity); and State of North Carolina. Ralph R. Hailey, Jr. on behalf of himself and all others similarly situated, v. Teachers' and State Employees' Retirement System of North Carolina, a corporation; Board of Trustees Teachers' and State Employees' Retirement System of North Carolina, a body politic and corporate; Dennis Ducker, Director of the Retirement Systems Division and Deputy Treasurer of the State of North Carolina, (in his official capacity); Harlan E. Boyles, Treasurer of the State of North Carolina and Chairman of the Board of Trustees Teachers' and State Employees' Retirement System of North Carolina (in his official capacity); and the State of North Carolina.

Supreme Court of North Carolina.

May 6, 1999.


Attorney(s) appearing for the Case

G. Eugene Boyce, Marvin Schiller, Raleigh, for Faulkenbury.

Norma S. Harrell, Special Deputy Attorney General, for State.


Prior report: 132 N.C. App. 137, 510 S.E.2d 675.

ORDER

Upon consideration of the petition filed by Plaintiff in this matter for discretionary review of the decision of the North Carolina Court of Appeals pursuant to G.S. 7A-31, the following order was entered and is hereby certified to the North Carolina Court of Appeals:

"Denied by order of the Court in conference...

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