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WASHINGTON EDUC. ASS'N v. DRS

No. 87424-7.

332 P.3d 428 (2014)

181 Wn.2d 212

WASHINGTON EDUCATION ASSOCIATION; Kathie Axtell; Stacia Bilsland; Lisa Brackin-Johnson; Randy Jenson; Jared Kink; Susan Leavel; Sheila Nokes; Cindy Roaf; Debbie Rose; and all others similarly situated, Respondents/Cross-Appellants, v. WASHINGTON DEPARTMENT OF RETIREMENT SYSTEMS; State of Washington, Appellants/Cross-Respondents. Cheryl Costello; Stephen Gore; Richard Morvan; Jerald Newell; David Reno; and Finn Livingston on behalf of themselves and a class of persons similarly situated, Respondents/Cross-Appellants, v. Washington Department of Retirement Systems; State of Washington, Appellants/Cross-Respondents. Washington Public Employees Association, UFCW Local 365, on behalf of the individual employees it represents, Plaintiffs, v. Department of Retirement Systems; State of Washington, Defendants. Washington Federation of State Employees; Paulette Thompson; Dana Hufford; and Don Hewitt, Respondents/Cross-Appellants, v. Department of Retirement Systems; State of Washington, Appellants/Cross-Respondents.

Supreme Court of Washington, En Banc.

August 14, 2014.

Attorney(s) appearing for the Case

Steven Bert Frank , Frank Freed Subit & Thomas LLP, James D. Oswald , Schwerin Campbell Barnard Iglitzin & Lav, Seattle, WA, Edward Earl Younglove III , Younglove & Coker, PLLC, Olympia, WA, for Respondents.

Anne Hall , Office of the Attorney General, Sarah Elizabeth Blocki , Attorney at Law, Noah Guzzo Purcell , Washington Attorney General's Office, Olympia, WA, for Appellant/Cross-Respondent.

Harriet Kay Strasberg , Donald E. Clocksin , Attorney at Law, Edward Earl Younglove III , Younglove & Coker, PLLC, Olympia, WA, for Respondent/Cross-Appellant.

Daniel G. Lloyd , Vancouver City Attorney's Office, Vancouver, WA, Amicus Curiae on behalf of Washington State Association of Municipal Attorneys and Association of Washington Cities.

Keith Alan Buchholz , Jeanine Marie Gorrell , Washington State Senate, Timothy George Sekerak, House of Representatives, Olympia, WA, Amicus Curiae on behalf of Washington State Legislature.

Josh Weiss , WA State Assn. of Counties, Olympia, WA, Amicus Curiae on behalf of Washington State Association of Counties.

Rebecca R. Glasgow , Attorney General's Office, Olympia, WA, Amicus Curiae on behalf of Washington State School Directors' Association.

MADSEN, C.J.

¶ 1 The legal issue presented here is whether the legislature's 2007 repeal of gain sharing — a pension enhancement provided in years of extraordinary investment return — unconstitutionally impairs the contract between the State and its employees. The companion case, Washington Education Ass'n v. Department of Retirement Systems, No. 88546-0, ___ Wash.2d ___, 332 P.3d 439, 2014 WL 3970240 (Wash...

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