Metcalfe v. State

OPINION

WINFREE, Justice.

1. INTRODUCTION

We previously have held that the legislature cannot diminish a, state employee’s accrued retirement benefits.1 We also previously have held that if the legislature diminishes retirement benefits, those affected may choose between their existing benefits and the new benefits.2 The primary issue in this *1170case is whether a breach of contract damages claim can arise when existing retirement benefits are diminished. We hold there can be no such claim. The secondary issue is whether a claim for declaratory and injunc-tive relief against the diminishment of…