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ZIGMONT v. TEACHERS' PENSION, ETC. FUND TRUSTEES

182 N.J. Super. 50 (1981)

440 A.2d 37

KATHRYN B. ZIGMONT, PETITIONER-APPELLANT, v. BOARD OF TRUSTEES, TEACHERS' PENSION AND ANNUITY FUND, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 17, 1981.

Attorney(s) appearing for the Case

Richard A. Friedman argued the cause for appellant (Ruhlman and Butrym, attorneys).

Sharon M. Joyce, Deputy Attorney General, argued the cause for respondent (James R. Zazzali, Attorney General of New Jersey, attorney; Erminie L. Conley, Assistant Attorney General, of counsel).

Before Judges MATTHEWS, PRESSLER and PETRELLA.

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

Petitioner Kathryn B. Zigmont appeals from a determination of the Board of Trustees, Teachers' Pension and Annuity Fund (Board), disqualifying her from the purchase of retirement credit for the period from January 1, 1975 to September 1, 1976, when she was on unpaid maternity leave. We reverse.

The facts surrounding this controversy are simple and undisputed. Mrs. Zigmont has been continuously employed...

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