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JUSTUS v. STATE

No. 11CA1507.

337 P.3d 1219 (2012)

2012 COA 169

Gary R. JUSTUS; Kathleen Hopkins; Eugene Halaas; and Robert P. Laird, Jr., Plaintiffs-Appellants, v. The STATE of Colorado; Governor John Hickenlooper, in his official capacity; Colorado Public Employees' Retirement Association; Carole Wright, in her official capacity; and Maryann Motza, in her official capacity, Defendants-Appellees.

Colorado Court of Appeals, Div. IV.

October 11, 2012.

Attorney(s) appearing for the Case

Richard Rosenblatt & Associates, LLC, Richard Rosenblatt , Greenwood Village, Colorado; Stember, Feinstein, Doyle & Payne, LLC, John Stember , William T. Payne , Stephen M. Pincus , Philadelphia, Pennsylvania, for Plaintiffs-Appellants.

John W. Suthers , Attorney General, Maurice G. Knaizer , First Assistant Attorney General, William V. Allen , Senior Assistant Attorney General, Megan Paris Rundlet , Assistant Attorney General, Denver, Colorado, for Defendants-Appellees The State of Colorado and Governor John Hickenlooper.

Reilly Pozner LLP, Daniel M. Reilly , Sean Connelly , Eric Fisher , Lindsay A. Unruh , Caleb Durling , Denver, Colorado, for Defendants-Appellees Colorado Public Employees' Retirement Association, Carole Wright, and Maryann Motza.

Opinion by Judge J. JONES.

¶ 1 Plaintiffs, Gary R. Justus, Kathleen Hopkins, Eugene Halaas, and Robert P. Laird, Jr., are recipients of retirement benefits through the Colorado Public Employees' Retirement Association (PERA). They challenge sections 19 and 20 of Senate Bill 10-001 (now codified at §§ 24-51-1001, 24-51-1002, C.R.S.2012), which reduced the amount they were entitled to receive as a cost-of-living adjustment (COLA) to their PERA benefits...

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