Opinion
No. 1-1074A166.
Filed September 17, 1975. Rehearing denied October 15, 1975. Transfer denied June 21, 1976.
MUNICIPAL CORPORATIONS — IC 1971, 19-1-37-14. — Firemen who retired prior to the 1971 amendment to firemen's pension statute were entitled to increased pension benefits resulting from that amendment. IC 1971, 19-1-37-14.
Cities appealed from the trial court judgments allowing increased pension benefits to retired firemen pursuant to an amendment of IC 1971, 19-1-37-14.
From the Henry Circuit Court, Wesley W. Ratliff, Jr., Judge.
From the Wayne Circuit Court, James C. Puckett, Judge.
Affirmed by the First District.
Robert G. Burton, Richmond, David S. Wallace, Muncie, for appellants. David A. Federico, Liberty, Wayne J. Lennington, Lennington Lennington, Muncie, and Frank E. Spencer, Indianapolis, for appellees.
The identical issue raised in the above captioned cases is whether firemen who retired prior to the 1971 amendment of IC 1971, 19-1-37-14, Ind. Ann. Stat. § 48-6528 (Burns Supp. 1974) are entitled to the increased pension benefits resulting from that amendment.
The trial court in both cases held that the retirees were entitled to the increased benefits.
This particular issue was decided by the Third District of this court in Schweizer et al. v. City of Fort Wayne (1975), 165 Ind. App. 281, 332 N.E.2d 119. We accordingly adopt that opinion as controlling in these cases and hold that retirees prior to the 1971 amendment are entitled to the additional benefits.
Judgment affirmed.
Lowdermilk and Lybrook, JJ., concur.
NOTE. — Reported at 333 N.E.2d 796.