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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. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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