McGEE v. BD. OF TRUSTEES OF PUB. EMP. RETIRE. SYST.


45 N.J. 576 (1965)

214 A.2d 21

AGNES K. McGEE, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE OF ALBERT A.F. McGEE, DECEASED, PETITIONER-APPELLANT, v. BOARD OF TRUSTEES OF PUBLIC EMPLOYEES' RETIREMENT SYSTEM, RESPONDENT.

The Supreme Court of New Jersey.

Decided October 25, 1965.


Attorney(s) appearing for the Case

Mr. Albert F. McGee, Jr., argued the cause for petitioner-appellant.

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


PER CURIAM.

The Board of Trustees of the Public Employees' Retirement System (Board) on October 15, 1963 denied an accidental disability retirement allowance which Judge Albert A.F. McGee sought under N.J.S.A. 43:15A-43, which provides in part as follows:

"A member who has not attained the age of 70 shall, upon the application of the head of the department in which he is employed or upon his own application * * * be retired by the board of trustees...

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