No. 2533 Precedential Processed

Adolph v. Sewerage & Water Board Pension Committee

Louisiana Court of Appeal, First Circuit · Filed July 17, 1967 · 202 So. 2d 664

Also decided on this docket: La. Ct. App. 3d Cir., January 16, 1969 218 So. 2d 106

Cited by

Opinion text

ON APPLICATION FOR REHEARING PER CURIAM. In their application for a rehearing plaintiffs Harvey and Adolph contend they did not “freely choose” not to retire before the 1957 coordinated plan went into effect. We find our opinion could give that impression and the record does not support such a finding. However, the matter is immaterial. These two plaintiffs knew, or should have known, of the proposed social security payment deductions under the new plan and, according to their own testimony, they also knew they could have retired prior to the time the new plan went into effect. The application for a rehearing is refused. Rehearing refused.