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JOLLY v. KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM

No. 47,179

214 Kan. 200 (1974)

519 P.2d 1391

WINIFRED J. JOLLY, As the widow of Jack E. Jolly, Deceased, Appellee, v. KANSAS PUBLIC EMPLOYEES RETIREMENT SYSTEM, Appellant.

Supreme Court of Kansas.

Opinion filed March 2, 1974.

Attorney(s) appearing for the Case

Marshall Crowther, special assistant attorney general, argued the cause, and Vern Miller, attorney general, and Jerry Shelor, assistant attorney general, were with him on the brief for the appellant.

Kirke C. Veeder, of Independence, argued the cause and was on the brief for the appellee.

George E. McCullough, of McCullough, Wareheim & LaBunker, of Topeka, was on the brief as amicus curiae.

The opinion of the court was delivered by

OWSLEY, J.:

The plaintiff, Winifred J. Jolly, was denied accidental death benefits for the death of her husband, Jack E. Jolly, by the Board of Trustees of the Kansas Public Employees Retirement System (hereinafter called KPERS or Board). On review, the district court awarded benefits. The issue on appeal involves an interpretation of K.S.A. 1970 Supp. 74-4916 (2), (now K...

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