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PERt1'S Le�islative Commission on this issue. No definitive agreement or resolution was <br />reached. <br />When the Hastings Relief Association submitted its annual reports for 1996 in early <br />1997, the State Auditor's Office told the Relief Association that state fire aid to the City of <br />Hastings and the Relief Association would be withheld unless the Relief Association removed <br />the service credit it had granted to each of the Plaintiffs. Mark Holmes, Treasurer of the Hastings <br />Relief Association, contacted PERA to see if it would refund the City and Plaintiffs' pension <br />contributions between 1990 and 1997 for the pay Plaintiffs received for non-scheduled overtime <br />work PER.A declined to refund those amounts. The City of Hastings and the Relief Association <br />eventually filed amended fom�s reducing the service credits for the individual Plaintiffs for the <br />1990 to 1997 period. The State Auditor approved the amended schedules and the Hastings Relief <br />Association has continued to receive state fire aid. <br />Plaintiffs commenced this action seeking a declaratory judgment that the Plaintiffs are <br />entitled to receive both PERA and Relief Association pension credit for their service between <br />1990 and 1997. Plaintiffs also sought injunctive relief and damages for tortiotts interference with <br />contract rights and deprivation of constitutional rights under 42 U.S.C. § 1983. The State <br />Defendants tiled a motion to dismiss the case pursuant to Rule 12 of the Minnesota Rules of <br />Civil Procedure and for summary judgment under Rule 56.03. The State Defendants specifically <br />assert that this Court lacks jurisdiction over the subject matter of this case and that the proper <br />forum for review of the State Auditor's decision is the Minnesota Court of Appeals on a writ of <br />