DUNCAN v. RETIRED PUBLIC EMPLOYEES

No. S-10377.

71 P.3d 882 (2003)

Jim DUNCAN, Commissioner, Alaska Department of Administration, Guy Bell, Director, Division of Retirement and Benefits, and State of Alaska, Petitioners, v. RETIRED PUBLIC EMPLOYEES OF ALASKA, INC., Alaska AFSCME Retired Ch. 52, William T. Bryant, John Harris, individually and as class representatives, and National Education Association, National Education Association Retired, Jeanne Bradner, Joyce Hammonds, Edward Shellinger, and John and Jane Does 1-3, for themselves and other similarly situated, Respondents.

Supreme Court of Alaska.

June 13, 2003.


Attorney(s) appearing for the Case

Kathleen Strasbaugh, Assistant Attorney General, Bruce M. Botelho, Attorney General, Juneau, for Petitioners.

Don Clocksin, Don Clocksin Law Office, Olympia, Washington, for Respondent NEAAK.

Bradley D. Owens, Jermain, Dunnagan & Owens, PC, Anchorage, for Respondent RPEA.

Jay W. Trumble, Anchorage, for Respondent ASEA Local 52.

Before: MATTHEWS, EASTAUGH, BRYNER, and CARPENETI, Justices.


OPINION

MATTHEWS, Justice.

I. INTRODUCTION

Article XII, section 7 of the Alaska Constitution protects retirement benefits of public employees from diminishment or impairment. But benefits may be changed if any detriments are offset by advantages. The main question here is whether as to changes in health insurance plans this balance must be struck taking the perspective of each individual or the group. We conclude that the group perspective...

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