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OELS v. ANCHORAGE POLICE DEPT.

No. S-13949.

279 P.3d 589 (2012)

Tom OELS, Appellant, v. ANCHORAGE POLICE DEPARTMENT EMPLOYEES ASSOCIATION, Municipality of Anchorage, Appellees.

Supreme Court of Alaska.

Rehearing Denied March 2, 2012.

Attorney(s) appearing for the Case

Kevin T. Fitzgerald , Ingaldson, Maassen & Fitzgerald, P.C., Anchorage, for Appellant.

Gregory G. Silvey , Guess & Rudd, P.C., Kenneth D. Ford , Assistant Municipal Attorney, and Dennis A. Wheeler , Municipal Attorney, Anchorage, for Appellees.

Before: CARPENETI, Chief Justice, FABE, WINFREE, CHRISTEN, and STOWERS, Justices.

OPINION

STOWERS, Justice.

I. INTRODUCTION

Anchorage Municipal Code (AMC) section 03.30.068(A)(4) permits municipal employees to retire and be rehired, thereby accessing accumulated retirement benefits and resuming employment under a different retirement program with the Municipality of Anchorage (MOA).

Tom Oels has been a sergeant with the Anchorage Police Department (APD) since 2002. In 2005, Oels stated his intent to retire and...

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