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SWAN v. BD. OF TRUSTEES OF TEACHERS' PENSION FUND

85 N.J. Super. 226 (1964)

204 A.2d 371

MIRIAM M. SWAN, APPELLANT, v. THE BOARD OF TRUSTEES OF THE TEACHERS' PENSION AND ANNUITY FUND, ETC., RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided November 2, 1964.

Attorney(s) appearing for the Case

Mr. Ashley Goodman argued the cause for appellant (Messrs. Goodman & Goodman, attorneys).

Mr. Richard Newman, Deputy Attorney General, argued the cause for respondent (Mr. Arthur J. Sills, Attorney General of New Jersey, attorney).

Before Judges CONFORD, KILKENNY and LEWIS.

The opinion of the court was delivered by KILKENNY, J.A.D.

May the board of trustees of the Teachers' Pension and Annuity Fund of the State of New Jersey (hereinafter "Pension Fund"), in granting a public school teacher an accident disability retirement allowance pursuant to N.J.S.A. 18:13-112.41, deduct therefrom the amount of a workmen's compensation award for permanent disability paid by the local board of education for the same disabling accident, when...

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