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McMULLEN v. BELL

No. S-11567.

128 P.3d 186 (2006)

Michael P. McMULLEN, Appellant, v. Guy BELL, Administrator of the Public Employees' Retirement System, Appellee.

Supreme Court of Alaska.

January 27, 2006.

Attorney(s) appearing for the Case

Bradley D. Owens and Blair Marlowe Christensen, Jermain, Dunnagan and Owens, P.C., Anchorage, for Appellant.

Keith B. Levy and Virginia B. Ragle, Assistant Attorneys General, and Gregg D. Renkes, Attorney General, Juneau, for Appellee.

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

OPINION

BRYNER, Chief Justice.

I. INTRODUCTION

The Public Employees' Retirement System calculates an employee's retirement benefits based on the employee's average monthly compensation during his three best paid years. When, after thirty years working for the state, Michael McMullen retired, he sought to include substantial cashed-in leave as part of his compensation for purposes of calculating his retirement benefits. The Public Employees...

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