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ZOOK v. EL PASO COUNTY

Court of Appeals No. 19CA1712.

494 P.3d 659 (2021)

2021 COA 72

Rita M. ZOOK, Plaintiff-Appellant, v. EL PASO COUNTY, Colorado; and El Paso County Board of Commissioners, Defendants-Appellees.

Colorado Court of Appeals, Div. I.

Announced May 27, 2021.

Attorney(s) appearing for the Case

David H. Zook , Colorado Springs, Colorado, for Plaintiff-Appellant.

Diana K. May , County Attorney, Steven Klaffky , Senior Assistant County Attorney, Mary Ritchie , Assistant County Attorney, Colorado Springs, Colorado, for Defendants-Appellees.

¶ 1 This appeal presents a question not yet answered by a Colorado appellate court: Can a spouse who is a contingent beneficiary of survivor benefits from the other spouse's pension plan pursue breach of contract claims alleging miscalculation of benefits while the retiree-spouse is still alive? We answer that question...

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