Faulkenbury v. Teachers' & State Employees' Retirement System

LEWIS, Judge.

By this action for declaratory judgment and damages the plaintiffs challenge an amendment, effective 1 July 1982, to the teachers’ and State employees’ retirement disability statute enacted by the North Carolina General Assembly. The trial court granted the plaintiffs’ motion for class certification, and denied defendants’ motions to dismiss the lawsuit. From these orders defendants appealed to this Court.

Plaintiff Dorothy M. Faulkenbury was a public school teacher who retired on disability at age 53 in 1983. Because her years of service as of 1 July 1982 and at the time of her…