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WHISNANT v. TEACHERS AND STATE EMPLOYEES

No. COA07-1433.

662 S.E.2d 573 (2008)

Harry WHISNANT, on behalf of himself and all others similarly situated, Petitioner-Plaintiff, v. TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM OF NORTH CAROLINA, a corporation; Board Of Trustees of the Teachers' and State Employees' Retirement System of North Carolina, a body politic and corporate; Department of State Treasurer, Retirement Systems Division, Richard H. Moore, Treasurer of the State of North Carolina and Chairman of the Board of Trustees Teachers' and State Employees' Retirement System of North Carolina (in his individual and official capacities); and The State of North Carolina, Respondents-Defendants.

Court of Appeals of North Carolina.

July 1, 2008.

Attorney(s) appearing for the Case

Schiller & Schiller, PLLC, by Marvin Schiller, David G. Schiller, and Kathryn H. Schiller, Raleigh, for petitioner.

Attorney General Roy Cooper, by Assistant Attorney General Robert M. Curran, for respondents.

ELMORE, Judge.

Harry Whisnant (petitioner) began employment with the State Department of Corrections in 1985. He worked continuously until 1999, when he suffered an on-the-job injury rendering him disabled and unable to perform his work duties. In April of 2000, petitioner began to receive both long-term disability income through the State and Social Security disability benefits from the federal government.

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