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WILKINSON v. PERB

00-452; A117301.

69 P.3d 1266 (2003)

188 Or. App. 97

Joann WILKINSON, Petitioner, v. PUBLIC EMPLOYEES RETIREMENT BOARD, Respondent.

Court of Appeals of Oregon.

Decided June 5, 2003.

Attorney(s) appearing for the Case

Andrew P. Ositis, Salem, argued the cause and filed the brief for petitioner.

Jas. Jeffrey Adams, Assistant Attorney General, argued the cause for respondent. With him on the brief were Hardy Myers, Attorney General, and Mary H. Williams, Solicitor General.

Before EDMONDS, Presiding Judge, and KISTLER and SCHUMAN, Judges.

SCHUMAN, J.

The Public Employees Retirement Board (PERB) denied JoAnn Wilkinson's application for death benefits from her deceased husband's Public Employees Retirement System (PERS) account, concluding that the benefits belonged instead to his ex-wife. Ms. Wilkinson (petitioner) seeks judicial review. We affirm.

The facts are not in dispute. Alan Wilkinson (decedent) began working for the state in 1972. At the time, he was married to ex-wife, and in 1973...

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