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METZINGER v. KENTUCKY RETIREMENT SYSTEMS

No. 2007-SC-000363-DG.

299 S.W.3d 541 (2009)

Mitchell METZINGER, Appellant, v. KENTUCKY RETIREMENT SYSTEMS, et al., Appellees.

Supreme Court of Kentucky.

Rehearing Denied January 21, 2010.

Attorney(s) appearing for the Case

Joseph Donald Satterley, Kenneth L. Sales, Paul Jason Kelley, Sales, Tillman, Wallbaum, Catlett & Satterley, Louisville, KY, Counsel for Appellant.

Katherine I. Rupinen, Kentucky Retirement Systems, Frankfort, KY, Counsel for Appellee.

Opinion of the Court by Justice SCOTT.

This is an appeal from a Court of Appeals' opinion affirming the decision of the Kentucky Retirement Systems, both of which are based on the underlying premise that KRS 61.607 allows the agency to consider annuity payments received as a result of a global settlement of workers' compensation and civil claims in calculating maximum disability retirement benefits. Because such an interpretation of KRS 61.607 exceeds the plain statutory...

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