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OSBORNE v. CONSOLIDATED JUD. RET. SYSTEM

No. 45PA92.

424 S.E.2d 115 (1993)

333 N.C. 246

Samuel L. OSBORNE v. The CONSOLIDATED JUDICIAL RETIREMENT SYSTEM OF NORTH CAROLINA.

Supreme Court of North Carolina.

January 8, 1993.

Attorney(s) appearing for the Case

Ferree, Cunningham & Gray, P.A. by George G. Cunningham, Wilkesboro, for petitioner-appellee.

Lacy H. Thornburg, Atty. Gen. by Alexander McC. Peters, Asst. Atty. Gen., Raleigh, for respondent-appellant.

WEBB, Justice.

The resolution of this case depends on the interpretation of certain subsections of N.C.G.S. § 135-4, which were in effect on 7 December 1980 when the appellee became eligible to purchase a retirement credit based on his military service. At that time, N.C.G.S. § 135-4(f)(6), which was repealed in 1981 without diminishing any rights of a member thereunder, 1981 N.C.Sess.Laws ch. 636, § 1, provided in part as follows:

Notwithstanding...

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