NICHOLS v. PUBLIC EMP. RETIREMENT ASS'N

No. 78-1027.

596 P.2d 406 (1979)

Charlotte NICHOLS, Plaintiff-Appellant, v. PUBLIC EMPLOYEES RETIREMENT ASSOCIATION, Carl S. Wilkerson, as Chairman of the Public Employees Retirement Association, and Scott Nichols, Defendants-Appellees.

Colorado Court of Appeals, Division III.

Rehearings Denied April 12, 1979.

Certiorari Granted June 11, 1979.


Attorney(s) appearing for the Case

Brauer & Simons, P. C., Walter C. Brauer, III, Denver, for plaintiff-appellant.

J. D. MacFarlane, Atty. Gen., David W. Robbins, Deputy Atty. Gen., Edward G. Donovan, Sol. Gen., Nathan B. Coats, Asst. Atty. Gen., Denver, for defendants-appellees Public Emp. Retirement Ass'n and Carl S. Wilkerson, Chairman.

Trott, Kunstle & Hughes, Howard J. Kunstle, Colorado Springs, for defendant-appellee Scott Nichols.


RULAND, Judge.

As the designated beneficiary of her deceased husband, William J. Nichols, plaintiff, Charlotte Nichols, appeals from a judgment dismissing her complaint for review of a Public Employees' Retirement Association (PERA) decision which awarded certain death benefits to Scott Nichols, the son of her former husband. We reverse.

The pertinent facts were stipulated to in conjunction with a hearing before the PERA Board. Prior to his death on January...

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