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WARE v. DEKALB COUNTY EMPLOYEE RETIREMENT

No. S01A0007.

546 S.E.2d 496 (2001)

273 Ga. 796

WARE v. DEKALB COUNTY EMPLOYEE RETIREMENT SYSTEM PENSION BOARD et al.

Supreme Court of Georgia.

May 7, 2001.

Attorney(s) appearing for the Case

Wendell K. Willard, Atlanta, for appellant.

Gambrell & Stolz, Seaton D. Purdom, Bryan M. Cavan, John Hinton IV, Atlanta, for appellees.

SEARS, Justice.

The decisive issue in this appeal is whether a 1971 amendment to the DeKalb County Retirement System Pension Plan requires the county to reduce an employee's pension benefits in an amount equal to the workers' compensation benefits that the employee is receiving from the county. The trial court ruled that the pension plan required such a reduction in benefits. We agree for the reasons that follow. Therefore, we affirm.

The 1971 pension plan...

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