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HAYES v. BD. OF TRUST. PUB. EMP. RETIREM'T SYST.

150 N.J. Super. 85 (1977)

374 A.2d 1241

FLORENCE E. HAYES, APPELLANT, v. BOARD OF TRUSTEES OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND PRUDENTIAL INSURANCE COMPANY OF AMERICA, RESPONDENTS.

Superior Court of New Jersey, Appellate Division.

Decided May 17, 1977.

Attorney(s) appearing for the Case

Mr. John J. Lynch, attorney for appellant.

Mr. William F. Hyland, Attorney General of New Jersey, attorney for respondent Board of Trustees of the Public Employees' Retirement System (Ms. Erminie L. Conley, Deputy Attorney General, of counsel; Mr. Stacy L. Moore, Jr., Deputy Attorney General, on the brief).

Messrs. Russo, Tumulty & Nester, attorneys for respondent Prudential Insurance Co. of America, filed a statement in lieu of brief.

Before Judges HALPERN, ALLCORN and BOTTER.

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

By claim made to the Board of Trustees (Board) of the Public Employees' Retirement System (PERS) and by an action in the Law Division which was ordered transferred to this court after the Board denied the claim, appellant, as designated beneficiary, sought payment of optional contributory death benefits by reason of the death of her mother, Eleanor Metzler.

Mrs. Metzler was first employed as a temporary...

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