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FRUGE v. BD. OF TRUSTEES OF EMP. RETIREMENT

No. 2008-CA-1270.

6 So.3d 124 (2008)

Elaine FRUGE v. BOARD OF TRUSTEES OF the LOUISIANA STATE EMPLOYEES' RETIREMENT SYSTEM.

Supreme Court of Louisiana.

Rehearing Denied February 13, 2009.

Attorney(s) appearing for the Case

Roedel, Parson, Koch, Blanche, Balhoff & McCollister, C. Kevin Hayes, Carlton Jones, III, Baton Rouge, for appellant.

Lockwood & Rome, Thomas McCabe Lockwood, Baton Rouge, for appellee.

Mary Florence Quaid, Baton Rouge, Jerry Glen Jones, Jerry J. Guillot, Yolanda Johnson Dixon, Baton Rouge, and Alfred William Speer, II, for amicus curiae, Legislature of Louisiana.

Bradley Charles Myers and Donna Vandever Yelverton, Baton Rouge, amicus curiae, for Louisiana Municipal Association.

George R. Trelles, for amicus curiae, AFSCME AFL-CIO Louisiana Public Employees Council 17.

WEIMER, Justice.

This declaratory judgment action challenges the validity of 2002 1st Ex.Sess. La. Acts No. 165 ("Act 165"), which amended LSA-R.S. 11:416 and added LSA-R.S. 11:416.1, provisions of the Louisiana State Employees' Retirement System. The case is before us on direct appeal from a judgment declaring Act 165 unconstitutional on grounds that it was enacted in violation of La. Const. art. X, § 29(C), which requires that notice of any proposal to effect...

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