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DUVIN v. STATE

76 N.J. 203 (1978)

386 A.2d 842

FRANK F. DUVIN, APPELLANT-RESPONDENT, v. STATE OF NEW JERSEY, DEPARTMENT OF THE TREASURY, PUBLIC EMPLOYEES' RETIREMENT SYSTEM, RESPONDENT-PETITIONER.

The Supreme Court of New Jersey.

Decided May 9, 1978.

Attorney(s) appearing for the Case

Mr. Stacy L. Moore, Jr., Deputy Attorney General, argued the cause for appellant (Mr. Stephen Skillman, Assistant Attorney General, of counsel; Mr. John J. Degnan, Attorney General of New Jersey, attorney).

Mr. William J. McNichol argued the cause for respondent.

The opinion of the court was delivered by SULLIVAN, J.

This is a pension case. Respondent Frank F. Duvin commenced employment with the City of Trenton, Department of Public Safety, in December 1950. He became a member of the Public Employees' Retirement System (PERS) in January 1955, receiving retirement credits for his prior years of employment with the City.

In November 1975, respondent filed an application with PERS for an early retirement allowance pursuant...

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