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BOARD OF TRUSTEES v. ATTY. GEN. OF COM.

No. 2002-SC-0699-DG, 2002-SC-0700-DG.

132 S.W.3d 770 (2003)

BOARD OF TRUSTEES OF THE JUDICIAL FORM RETIREMENT SYSTEM, Appellant, v. ATTORNEY GENERAL OF THE COMMONWEALTH OF KENTUCKY, Appellee. and Board Of Trustees Of The Kentucky Retirement System, Appellant, v. Attorney General Of The Commonwealth Of Kentucky, Appellee.

Supreme Court of Kentucky.

Rehearing Denied May 20, 2004.

Attorney(s) appearing for the Case

James T. Gilbert, Coy, Gilbert & Gilbert, Richmond, Counsel for Appellant Board of Trustees of the Judicial Form Retirement System (2002-SC-0699-DG).

William P. Hanes, J. Eric Wampler, James Dodrill, Kentucky Retirement Systems, Perimeter Park West, Frankfort, Counsel for Appellant Board of Trustees of the Kentucky Retirement System (2002-SC-0700-DG).

A.B. Chandler, III, Atty. Gen., State Capitol, D. Brent Irvin, Asst. Atty. Gen., Civil & Environmental Law Division, Office of the Attorney General, Jennifer L. Carrico, Asst. Atty. Gen., Criminal Appellate Division, Office of the Attorney General, Frankfort, Counsel for Appellee Attorney General of the Commonwealth of Kentucky (2002-SC-0699-DG and 2002-SC-0700-DG).

COOPER, Justice.

This appeal involves the validity of House Bill (HB) 389(4) which amended a provision of the Judicial Retirement Act, KRS 21.450(3). It presents three questions: (1) whether the amendment fails because of the legislature's failure to obtain an actuarial analysis to accompany the amendment in accordance with KRS 6.350; (2) whether the amendment is unintelligible and thus void for vagueness; and (3) whether by virtue of its vagueness, the amendment...

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