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NJEA v. BOARD OF TRUSTEES, PERS

743 A.2d 859 (2000)

327 N.J. Super. 405

NEW JERSEY EDUCATION ASSOCIATION, Appellant/Petitioner, v. BOARD OF TRUSTEES, PUBLIC EMPLOYEES RETIREMENT SYSTEM and Division of Pensions and Benefits, Respondents/Respondents.

Superior Court of New Jersey, Appellate Division.

Decided January 19, 2000.

Attorney(s) appearing for the Case

Richard A. Friedman, Trenton, for appellant/petitioner (Zazzali, Zazzali, Fagella & Nowak attorneys; Mr. Friedman, on the brief).

David Dembe, Trenton, for respondents/respondents (John J. Farmer, Attorney General, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel; Peter M. Ullman, Deputy Attorney General, on the brief).

Before Judges MUIR, Jr., WALLACE and LESEMANN.

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

This appeal involves a regulation of the Public Employees' Retirement System (PERS), namely N.J.A.C. 17:2-3.13. PERS sought to clarify that certain beneficiaries of a deceased employee must elect to receive a retirement allowance or to collect a full insurance benefit, but not both. Appellant, the New Jersey Education Association (NJEA), contends the regulation conflicts with the statute it purports...

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