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SCHMIDT v. EMPLOYE TRUST FUNDS BOARD

No. 88-0246.

153 Wis.2d 35 (1990)

449 N.W.2d 268

James SCHMIDT, Plaintiff-Appellant, v. WISCONSIN EMPLOYE TRUST FUNDS BOARD, Defendant-Respondent-Petitioner.

Supreme Court of Wisconsin.

Decided January 4, 1990.

Attorney(s) appearing for the Case

For the defendant-respondent-petitioner the cause was argued by Warren M. Schmidt, assistant attorney general, with whom on the briefs was Donald J. Hanaway, attorney general.

For the plaintiff-appellant there was a brief by Simon M. Karter and Wyngaard & Wilson, Madison and oral argument by Mr. Karter.

Amicus curiae brief was filed by Richard v. Graylow and Lawton & Cates, S.C., Madison for The American Federation of State County and Municipal Employees and The Professional Fire Fighters of Wisconsin.

STEINMETZ, J.

The issue before us is whether the court of appeals correctly interpreted and applied the language of sec. 42.245(1), Stats. 19651 to hold that the appellant, James Schmidt is entitled to three years of creditable teaching service. The three years represent one-half of the six years of prior teaching service accumulated. At issue are the rights retained under the State Teachers Retirement System Fund for the period 1957 to...

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