FAULKENBURY v. TEACHERS' & STATE EMP. RET.

No. COA97-1365.

510 S.E.2d 675 (1999)

Dorothy M. FAULKENBURY, on behalf of herself and all others similarly situated, Plaintiff, 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 Wake County 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, Defendants. William H. Woodard, on behalf of himself and all others similarly situated, Plaintiff, 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, Defendants. Bonnie G. Peele, on behalf of herself and all others similarly situated, Plaintiff, 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, Defendants. Ralph R. Hailey, Jr., on behalf of himself and all others similarly situated, Plaintiff, 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, Defendants.

Court of Appeals of North Carolina.

February 2, 1999.


Attorney(s) appearing for the Case

G. Eugene Boyce and Marvin Schiller, Raleigh, for plaintiffs-appellees.

Attorney General Michael F. Easley, by Senior Deputy Attorney General Edwin M. Speas, Jr., Special Deputy Attorney General Norma S. Harrell, and Special Deputy Attorney General Alexander McC. Peters, for defendants-appellants.


WALKER, Judge.

This case involves four consolidated cases appealed from two decisions of the trial court on remedial questions following a judgment for the plaintiffs on liability. (Plaintiff Hailey's case was consolidated with the three original actions and certified as a class action on 28 July 1997). On 21 July 1995, the trial court entered judgment for the plaintiffs and concluded they were entitled to receive additional disability benefits. This judgment was...

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