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PERS v. GALLANT

Nos. S-11926, S-11945.

153 P.3d 346 (2007)

PUBLIC EMPLOYEES' RETIREMENT SYSTEM; Teachers' Retirement System; State of Alaska, and Department of Administration, Division of Retirement and Benefits, as administrator of the Public Employees' Retirement System and the Teachers' Retirement System, Appellants/Cross-Appellees, v. A. John GALLANT, Robert G. Bellmore, and Donna J. Bellmore, individually and on behalf of all persons similarly situated, Appellees/Cross-Appellants.

Supreme Court of Alaska.

March 9, 2007.

Attorney(s) appearing for the Case

Stephen C. Slotnick, Assistant Attorney General, David W. Márquez, Attorney General, Juneau, for Appellants/Cross-Appellees.

Linda M. O'Bannon, Ray R. Brown, Dillon & Findley, P.C., Anchorage, Bennett A. McConaughy, Michael D. Sandler, Sandler Ahern & McConaughy, PLLC, Seattle, for Appellees/Cross-Appellants.

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

OPINION

MATTHEWS, Justice.

I. INTRODUCTION

By statute, two Alaska retirement systems pay retirees who reside in the state a cost-of-living allowance that adds ten percent to their basic retirement pay. The question presented is whether failing to pay a similar allowance to retirees who live in high cost areas outside Alaska violates the equal protection clause of the Alaska Constitution. We hold that it does not because the purpose...

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