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BAY v. STATE, DEPT. OF ADMIN.

No. 83-499.

688 P.2d 1 (1984)

Lenny BAY, Plaintiff and Respondent, v. STATE of Montana, DEPARTMENT OF ADMINISTRATION, PUBLIC EMPLOYEE'S RETIREMENT DIVISION & Lawrence P. Nachtsheim, Defendants and Appellants.

Supreme Court of Montana.

Decided September 7, 1984.

Attorney(s) appearing for the Case

M. Valencia Lane, Dept. of Administration, Helena (argued), for defendants and appellants.

Leonard J. Haxby, Butte (argued), for plaintiff and respondent.

SHEEHY, Justice.

The District Court, Second Judicial District, Silver Bow County, determined that Lenny Bay, a retired police officer, was entitled to retirement benefits payable on his death to his surviving spouse in monthly payments equal to one-half of his monthly salary when he retired. The defendants, Public Employees' Retirement Division (PERD) collectively, appeal from a judgment of the District Court to that effect.

Lenny Bay is a retired law enforcement...

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