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Proctor Case

    Proctor v. Local Governmental Employees’ Retirement System et al.

    Proctor challenges statutes enacted in 1988 that adversely changed retirement contracts for disabled firefighters and local government employees, and their survivor beneficiaries.

    The definition of the class is:

All persons with creditable service in the Local Governmental Employees’ Retirement System prior to July 1, 1982 (the effective date of N.C. Gen. Stat. § 128-27(d4), who became disabled from work with a local government employer or who would become disabled from work with a local government employer and who would qualify for disability retirement benefits under N.C. Gen. Stat. § 128-27(d3) (1981), plus all living beneficiaries (of those aforesaid persons) who are or should be receiving monthly survivor benefits under N.C. Gen. Stat. § 128-27(d3) (1981) and the heirs, beneficiaries or personal representative of a deceased person who had the aforesaid creditable service or who would or should have qualified for the aforesaid disability retirement and who were not Class Members of Simpson v. Local Governmental Employees’ Retirement System, 88 N.C.App. 218, 363 S.E. 90 (1987), aff’d per curiam, 323 N.C. 362, 372 S.E. 2d 559 (1988).

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