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· 1/27/2006

McMullen v. Bell

Citations

  • 128 P.3d 186
  • 2006 Alas. LEXIS 8
  • 2006 WL 205100

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • agreeing individual with contributions in PERS “ha[d] a right to have his benefits determined under the law and practices that were in effect when he was hired”
  • “An employee’s vested benefits arise by statute, from the regulations implementing those statutes, and from the [Division of Retirement and Benefits’] practices.”
  • “[T]his court will not consider an issue raised for the first time on appeal.’ ” (quoting State v. Nw. Constr., Inc., 741 P.2d 235, 239 (Alaska 1987))
  • “Ordinarily ‘this court will not consider an issue raised for the first time on appeal.’ ” (quoting State v. Nw. Constr., Inc., 741 P.2d 235, 239 (Alaska 1987))
  • “Where the state has changed the benefits system after an employee’s enrollment in the system, the employee may choose to accept the new system or may opt to keep the benefits in effect at enrollment.”
  • explaining argument waived where raised for first time on appeal

Source: CourtListener parenthetical corpus (CC0).

Judges: Bryner, Matthews, Eastaugh, Carpeneti, Fabe

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.