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ESTATE OF BOYLE v. BD. OF TRUSTEES

234 N.J. Super. 93 (1989)

560 A.2d 105

ESTATE OF THOMAS BOYLE, PETITIONER-APPELLANT, v. BOARD OF TRUSTEES, STATE OF NEW JERSEY, DEPARTMENT OF THE TREASURY, DIVISION OF PENSIONS, PUBLIC EMPLOYEES' RETIREMENT SYSTEM, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided June 23, 1989.

Attorney(s) appearing for the Case

Gerald T. Glennon, attorney for appellant.

Peter N. Perretti, Jr., Attorney General of New Jersey, attorney for respondent (James J. Ciancia, Assistant Attorney General, of counsel and on the brief).

Before Judges O'BRIEN, SCALERA and STERN.

The opinion of the court was delivered by O'BRIEN, J.A.D.

This appeal is from a determination by the Board of Trustees, State of New Jersey, Department of the Treasury, Division of Pensions, Public Employees' Retirement System (PERS or respondent) not to honor a change of beneficiary form signed by Thomas Boyle (decedent), and mailed by his attorney to PERS before his death, but received and filed subsequent to his death. We reverse.

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