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CAPRATHE v. JUDGES RETIREMENT BD.

Docket No. 265625.

738 N.W.2d 272 (2007)

275 Mich. App. 315

William J. CAPRATHE, Petitioner-Appellee, v. MICHIGAN JUDGES RETIREMENT BOARD, Respondent-Appellant.

Court of Appeals of Michigan.

Decided April 24, 2007, at 9:00 a.m.

Released for Publication August 29, 2007.

Attorney(s) appearing for the Case

William J. Caprathe Bay City, in propria persona.

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, and Tonatzin M. Alfaro Maiz and Larry F. Brya, Assistant Attorneys General, for the Michigan Judges Retirement Board.

Before: SMOLENSKI, P.J., and SAAD and SCHUETTE, JJ.

SAAD, J.

I. Nature of the Case

Petitioner sought to transfer credits for six months of service as a Bay County public defender to the Judges' Retirement System for use in calculating his retirement allowance under the Reciprocal Retirement Act (RRA), MCL 38.1101 et seq. Section 5 of the RRA provides that, except as provided in § 6, "credited service acquired in a governmental unit in which the member was previously employed shall not be used...

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