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IN RE APPLICATION FOR PERA RETIREMENT BENEFITS OF McGUIRE

No. A07-2066.

756 N.W.2d 517 (2008)

In the Matter of the Application for PERA Retirement Benefits of Michael A. McGUIRE.

Court of Appeals of Minnesota.

October 7, 2008.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, Jon K. Murphy, Assistant Attorney General, St. Paul, MN, for respondent Public Employees Retirement Association of Minnesota.

Patrick J. Kelly, Trevor S. Oliver, Christine Swanson, Kelly & Lemmons, P.A., St. Paul, MN, for appellant Michael A. McGuire.

Considered and decided by CONNOLLY, Presiding Judge; WORKE, Judge; and SCHELLHAS, Judge.

OPINION

WORKE, Judge.

Appellant challenges a determination by respondent Public Employees Retirement Association of Minnesota (PERA) that he is ineligible for retirement benefits because he did not complete a "continuous separation for 30 days from employment as a public employee" as required by Minn.Stat. § 353.01, subd. 28(a) (2006), and argues that PERA abused its discretion when it rescinded his annuity payments without considering his equitable...

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