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State justices accept certified question

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The Indiana Supreme Court will consider a certified question from federal court concerning disability pension funds for police and firefighters who are already eligible and receiving benefits governed by Indiana statute.

An order issued Friday accepts the question in Mark J. Thatcher v. City of Kokomo, et al., No. 94S00-CQ-570, from the Southern District of Indiana. The questions arose in Thatcher v. City of Kokomo, No. 1:10-cv-101.

Specifically, the case asks two questions:
1.  Does Indiana Code §36-8-4-7(a) apply to a member of the “1977 Fund” [a disability pension fund for police and firefighters managed by the Indiana Public Employees’ Retirement Fund and governed by Indiana Code chapter 36-8-8] who is receiving disability benefits and who has been determined to have been recovered pursuant to 35 Indiana Administrative Code 2-5-5(c)?
2.  If yes, does Indiana Code §36-8-8-12(e) apply to determinations of eligibility under Indiana Code  §36-8-4-7(a), such that time spent receiving disability benefits counts toward “years of service” as that term is used in Indiana Code  §36-8-4-7(a)?

Simultaneous briefing is ordered and those documents must be submitted by Nov. 4, according to the court’s order. The order signed by Acting Chief Justice Brent Dickson says that extensions will be granted only in truly extraordinary circumstances, and an oral argument order will be issued at a later date.

 

 

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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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