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BRIESE v. PUBLIC EMPLOYEES' RETIREMENT

No. DA 11-0725.

285 P.3d 550 (2012)

2012 MT 192

Erene BRIESE, Petitioner and Appellant, v. MONTANA PUBLIC EMPLOYEES' RETIREMENT BOARD, Respondent and Appellee.

Supreme Court of Montana.

Decided September 4, 2012.

Attorney(s) appearing for the Case

For Appellant: Kathryn S. Syth ; LaRance & Syth, P.C.; Billings, Montana, Nathan S. Haney ; Karell, Dyre, Haney, PLLP; Billings, Montana.

For Appellee: Katherine E. Talley ; Special Assistant Attorney General; Helena, Montana.

Justice BETH BAKER delivered the Opinion of the Court.

¶ 1 The Montana Public Employees' Retirement Board (MPERB) denied death benefits1 to Petitioner Erene Briese (Erene) because her deceased husband, who had originally named her as his beneficiary under the Montana Sheriffs' Retirement System (SRS), had later filed a new designation, dropping her as a beneficiary, while marital dissolution proceedings were pending. Erene appealed...

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