JAMES v. BOARD OF TRUSTEES, PERS


732 A.2d 517 (1999)

323 N.J. Super. 100

Annie JAMES, Petitioner-Appellant, v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES' RETIREMENT SYSTEM, Respondent-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided April 20, 1999.


Attorney(s) appearing for the Case

Samuel J. Halpern, West Orange, for petitioner-appellant.

Denise M. Crump, Deputy Attorney General, for respondent-respondent (Peter Verniero, Attorney General, attorney; Mary C. Jacobson, Assistant Attorney General, of counsel, Ms. Crump, on the brief).

Before Judges STERN and WECKER.


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

Petitioner, Annie James, appeals from a final administrative determination of the Board of Trustees of the Public Employees' Retirement System (PERS) denying her request to file an application for an accidental disability retirement pension pursuant to N.J.S.A. 43:15A-43. That statute permits "[a] member" who is less than 65 and who is "permanently and totally disabled as a direct result of a traumatic...

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