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ATTORNEYS FOR APPELLANTS Charles L. Berger Jennifer L. Ulrich -Keppler Evansville, Indiana

ATTORNEYS FOR APPELLEES Robert W. Rock David L. Jones Evansville, Indiana ATTORNEY FOR AMICUS CURIAE INDIANA ASSOCIATION OF CITIES AND TOWNS AND INDIANA MUNICIPAL LAWYERS ASSOCIATION Jo Angela Woods Indianapolis, Indiana

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In the

Indiana Supreme Court
_________________________________ No. 82S01-0410-CV-441 FRATERNAL ORDER OF POLICE, LODGE #73, ET AL. Appellants (Plaintiffs below), v. CITY OF EVANSVILLE, INDIANA, ET AL. Appellees (Defendants below). _________________________________ Appeal from the Vanderburgh Circuit Court, No. 82C01-9905-CP-202 The Honorable Carl A. Heldt, Judge _________________________________ On Petition To Transfer from the Indiana Court of Appeals, No. 82A01-0311-CV-442 _________________________________ June 21, 2005 Boehm, Justice. We hold that the contributions and benefits of first class patrolmen under the pension and disability statute are to be calculated based on the base pay available to all officers of the same rank, notwithstanding the fact that some, but not all, officers in that rank receive higher pay under the collective bargaining agreement for assignments to specified units.

Facts and Procedural History The Fraternal Order of Police Lodge 73 and three retired officers of the Evansville Police Department brought this case as a class action against the City of Evansville and the Indiana Public Employees Retirement Fund ("PERF"). 1 Their claim is for additional retirement benefits for the three named plaintiffs and all other first class patrolmen. Police officers' pension benefits are calculated using the "monthly salary of a first class patrolman." Ind. Code

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