COM. v. KENTUCKY RETIREMENT SYSTEMS

No. 2010-SC-000809-DG.

396 S.W.3d 833 (2013)

COMMONWEALTH of Kentucky, Appellant v. KENTUCKY RETIREMENT SYSTEMS; Kentucky State Fraternal Order of Police; Kentucky Association of Fire Chiefs; Kentucky Firefighters Association; Kentucky Professional Firefighters; Kentucky Sheriff's Association; Louisville Professional Firefighters Union-Local 345; et al., Appellees.

Supreme Court of Kentucky.

April 25, 2013.


Attorney(s) appearing for the Case

Stuart Weldon Cobb , Assistant Attorney General, Office of the Attorney General, Lisa Kathleen Lang , Assistant Attorney General, Frankfort, KY, Counsel for Appellant.

Robert W. Kellerman , Stoll, Keenon, Ogden, PLLC, Jennifer A. Jones , Kentucky Retirement Systems, Frankfort, KY, Counsel for Appellee, Kentucky Retirement Systems.

Brent L. Caldwell , Roger Crittenden , Caldwell Law Firm, PLLC, Frankfort, KY, Counsel for Appellees.


Opinion of the Court by Justice NOBLE.

This case is before the Court on a grant of discretionary review to answer the question of whether sovereign immunity bars an action against the Commonwealth under the Declaratory Judgment Act, KRS Chapter 418. This Court holds that it does not.

I. Background

The plaintiffs in the case below (now Appellees but referred to herein as plaintiffs) are a group of county employees who are members of the County Employee...

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