(Download) "Capitol Builders v. David L. Shipley" by Second District Court of Appeals of Indiana * Book PDF Kindle ePub Free
eBook details
- Title: Capitol Builders v. David L. Shipley
- Author : Second District Court of Appeals of Indiana
- Release Date : January 31, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
This was a civil action by the appellees, Judges Hill and Baker, to obtain declaratory relief. The defendant below was the Board of Trustees of the Public Employees Retirement Fund in its capacity as administrator of the Indiana Judges Retirement Fund, created by statute. Ind. Code § 33-13-8-1. The action challenged 1982 and 1983 amendments to Ind. Code § 33-13-8-10 which redefined salary in its role as a factor in the calculation of Judges retirement benefits. The action was submitted to the trial court for determination upon the complaint, the answer, a stipulation of fact, and briefs. A judgment for the plaintiffs was rendered in which the court declared that the redefinition was legally ineffective and also unconstitutional under Article I, Section 24 of the Indiana Constitution and Article I, Section 10, Clause 1 of the United States Constitution. The Board then satisfied the predicates for appeal. Exclusive jurisdiction of the appeal is in this, the Indiana Supreme Court, pursuant to Appellate Rule 4(A) (8).