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POWELL v. BOARD OF TRUSTEES OF TEACHERS' & ST.E.R.S.

No. 6810SC284.

164 S.E.2d 80 (1968)

3 N.C. App. 39

Robert I. POWELL v. BOARD OF TRUSTEES OF TEACHERS' AND STATE EMPLOYEES' RETIREMENT SYSTEM.

Court of Appeals of North Carolina.

November 13, 1968.

Attorney(s) appearing for the Case

Warren & Fowler, by Miles B. Fowler, Clinton, for plaintiff appellant.

T. W. Bruton, Atty. Gen., by Harry W. McGalliard, Deputy Atty. Gen., and Christine Y. Denson, Raleigh, Staff Atty., for defendant appellees.

BROCK, Judge.

It was stipulated that, at the time of filing her application, Ruth P. Powell's medical condition was such that she was fully entitled to disability retirement benefits under G.S. § 135-5(c) provided she complied with the applicable statutes; therefore the question posed by the parties is whether her election of Option two under G.S. § 135-5(g) was valid and enforceable in view of her death prior to 1 October 1966, her selected date of retirement...

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