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HAMMOND v. P.E.R.A. OF COLORADO

No. 08CA0078.

219 P.3d 426 (2009)

Jane HAMMOND, Plaintiff-Appellant, v. PUBLIC EMPLOYEES' RETIREMENT ASSOCIATION OF COLORADO and Board of Trustees of the Public Employees' Retirement Association of Colorado, Defendants-Appellees.

Colorado Court of Appeals, Div. V.

September 17, 2009.

Attorney(s) appearing for the Case

DiGiacomo, Jaggers & Perko, LLP, David R. DiGiacomo, Douglas J. Perko, Arvada, Colorado, for Plaintiff-Appellant.

Gregory W. Smith, Adam L. Franklin, Denver, Colorado; Berenbaum, Weinshienk & Eason, P.C., Gary M. Kramer, Denver, Colorado, for Defendants-Appellees.

Opinion by Judge RUSSEL.

This is an appeal from the district court's review of an agency action. Plaintiff, Jane Hammond, appeals the judgment in favor of defendants, the Public Employees' Retirement Association of Colorado and its Board of Trustees (collectively PERA). We affirm.

I. Introduction

Consider the following hypothetical.

Two public employees are about to retire. The two have worked the same number of years, at the same rate of...

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