Board of Trustees of the Fireman's Pension Fund v. Holliday

Indiana Court of Appeals

Board of Trustees of the Fireman's Pension Fund v. Holliday

333 N.E.2d 794, 166 Ind. App. 33, 1975 Ind. App. LEXIS 1315

CourtIndiana Court of Appeals

DecidedSeptember 18, 1975

DocketNo. 3-575A84

StatusPublished

Cited by1 cases

This text of 333 N.E.2d 794 (Board of Trustees of the Fireman's Pension Fund v. Holliday) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Board of Trustees of the Fireman's Pension Fund v. Holliday, 333 N.E.2d 794, 166 Ind. App. 33, 1975 Ind. App. LEXIS 1315 (Ind. Ct. App. 1975).

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Opinion

Staton, P.J.

Holliday filed a class action on behalf of himself and all other retired firemen of the City of Gary with twenty-five (25) or more years service upon retirement, who had retired prior to the effective date of the 1971 Amendment to IC 1971, 19-1-37-14, Ind. Ann. Stat. § 48-6528 (Bums Supp. 1974), seeking the increased pension benefits under the 1971 Amendment. The trial court entered judgment in favor of Holliday, and the Board of Trustees of the Fireman’s Pension Fund of the City of Gary is appealing this judgment. The sole issue on appeal is the same issue presented to this Court in Schweizer v. City of Fort Wayne (1975), 165 Ind. App. 281, 332 N.E.2d 119:

Were the firemen who had retired prior to the 1971 Amendment entitled to the additional pension benefits under IC 1971, 19-1-37-14, Ind. Ann. Stat. §48-6528 (Burns Supp. 1974)?

Our opinion in Schweizer v. City of Fort Wayne, supra, is dispositive of this appeal. In Schweizer, we held that firemen, who had retired prior to the 1971 Amendment, were entitled to the additional pension benefits provided under the 1971 Amendment.

Accordingly, we affirm the trial court’s judgment.

Hoffman, J. and Garrard, J., concur.

Note. — Reported at 333 N.E.2d 794.

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Staton, P.J.

Holliday filed a class action on behalf of himself and all other retired firemen of the City of Gary with twenty-five (25) or more years service upon retirement, who had retired prior to the effective date of the 1971 Amendment to IC 1971, 19-1-37-14, Ind. Ann. Stat. § 48-6528 (Bums Supp. 1974), seeking the increased pension benefits under the 1971 Amendment. The trial court entered judgment in favor of Holliday, and the Board of Trustees of the Fireman’s Pension Fund of the City of Gary is appealing this judgment. The sole issue on appeal is the same issue presented to this Court in Schweizer v. City of Fort Wayne (1975), 165 Ind. App. 281, 332 N.E.2d 119:

Were the firemen who had retired prior to the 1971 Amendment entitled to the additional pension benefits under IC 1971, 19-1-37-14, Ind. Ann. Stat. §48-6528 (Burns Supp. 1974)?

Our opinion in Schweizer v. City of Fort Wayne, supra, is dispositive of this appeal. In Schweizer, we held that firemen, who had retired prior to the 1971 Amendment, were entitled to the additional pension benefits provided under the 1971 Amendment.

Accordingly, we affirm the trial court’s judgment.

Hoffman, J. and Garrard, J., concur.

Note. — Reported at 333 N.E.2d 794.

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333 N.E.2d 794, 166 Ind. App. 33, 1975 Ind. App. LEXIS 1315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-trustees-of-the-firemans-pension-fund-v-holliday-indctapp-1975.

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