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NATIONAL EDUC. ASS'N-RHODE ISLAND v. RETIREMENT BD.

Nos. 98-1763, 98-1782.

172 F.3d 22 (1999)

NATIONAL EDUCATION ASSOCIATION-RHODE ISLAND, By Its Secretary, Tia SCIGULINSKY, Et Al., Plaintiffs, Appellees/Cross-Appellants, v. RETIREMENT BOARD OF THE RHODE ISLAND EMPLOYEES' RETIREMENT SYSTEM, Et Al., Defendants, Appellants/Cross-Appellees. Richard R. DeOrsey, Plaintiff, Appellant.

United States Court of Appeals, First Circuit.

Decided March 24, 1999.

Attorney(s) appearing for the Case

Joan McPhee and Neil F.X. Kelly, Special Assistant Attorney General, with whom John C. Bartenstein, Richard S. Weitzel, Ropes & Gray, Thomas A. Palombo, Special Assistant Attorney General. and Jeffrey B. Pine, Attorney General, were on brief for defendants Nancy Mayer and Retirement Board of the Employees' Retirement System of the State of Rhode Island and Joann Flaminio in her capacity as Executive Director.

Robert H. Chanin with whom John M. West, Jonathan D. Hacker, Bredhoff & Kaiser, P.L.L.C., Thomas J. Ligouri, Jr., Richard A. Skolnick and Skolnick, McIntyre & Tate were on brief for plaintiffs National Education Association-Rhode Island, et al.

Marc B. Gursky with whom Gursky Law Associates was on brief for plaintiff Richard R. Deorsey.

Before BOUDIN, Circuit Judge, ALDRICH, Senior Circuit Judge, and SHADUR, Senior District Judge.

BOUDIN, Circuit Judge.

In 1936, Rhode Island created a retirement system for state employees, school teachers, and other employees of cities and towns that chose to participate. R.I. Gen. Laws §§ 36-8-1 to 36-10-39. The retirement system is administered by the Retirement Board ("the Board"), which is chaired by the state treasurer. R.I. Gen. Laws §§ 36-8-4, 36-8-9. The retirement system is a "defined benefit...

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