Fair v. School Employees Retirement System

The central issue in this cause is whether the School Employees Retirement Board is bound by the consequences of a regulation promulgated by. the State Board of Education in determining eligibility of a. member in the School Employees Retirement System for disability retirement. .. ., -

The courts below have held in effect that it is the. .function of the-employer to determine in the-first instance .the disabilities: which will render an employee incapable, of performing his assigned duties, and that it is the function, of the School Employees Retirement System to- determine whether the…