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FRATERNAL ORDER OF POLICE v. CITY OF EVANSVILLE

No. 82S01-0410-CV-441.

829 N.E.2d 494 (2005)

FRATERNAL ORDER OF POLICE, LODGE # 73, et al., Appellants (Plaintiffs below), v. CITY OF EVANSVILLE, Indiana, et al., Appellees (Defendants below).

Supreme Court of Indiana.

June 21, 2005.

Attorney(s) appearing for the Case

Charles L. Berger, Jennifer L. Ulrich-Keppler, Evansville, Attorney for Appellants.

Robert W. Rock, David L. Jones, Evansville, Attorney for Appellees.

Jo Angela Woods, Indianapolis, Attorney for Amicus Curiae, Indiana Association of Cities and Towns and Indiana Municipal, Lawyers Association.

ON PETITION TO TRANSFER FROM THE INDIANA COURT OF APPEALS, NO. 82A01-0311-CV-442.

BOEHM, Justice.

We hold that the contributions and benefits of first class patrolmen under the pension and disability statute are to be calculated based on the base pay available to all officers of the same rank, notwithstanding the fact that some, but not all, officers in that rank receive higher pay under the collective bargaining agreement for assignments to specified units...

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