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Comparative Constitutional Law Keyed to Sutton, 5th Ed.
Arneson v. State
Citation:
864 P.2d 1245 (1993)Facts
Debra Arneson’s mother was a member of the Teachers’ Retirement System who reached retirement age and retired, selecting a retirement option that would permit benefits to be paid during her lifetime and continue to her beneficiary, Arneson, after her death. The mother died shortly after retirement, and Arneson, age 31, began receiving benefits. In 1989, the Montana legislature passed Chapter 115 Session Laws providing post-retirement adjustment increases to alleviate inflation’s effect on pensions. To be eligible, retirees or beneficiaries had to be 55 years or older, or irrespective of age, those receiving disability or survivorship benefits. Because Arneson was classified as a beneficiary of a retiree rather than a survivor, and was under 55, she was denied the adjustment. Had her mother died while still working, Arneson would have been classified as a survivor and received the adjustment despite being 31 years old.
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