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GONZALES v. STATE PUBLIC EMPL. RETIR. ASS'N

Nos. 28,108, 28,109.

218 P.3d 1249 (2009)

2009-NMCA-109

Dennis GONZALES and Tobias Pino, Petitioners-Appellants, v. STATE of New Mexico PUBLIC EMPLOYEES RETIREMENT ASSOCIATION, and its Board, Respondent-Appellee.

Court of Appeals of New Mexico.

August 14, 2009.

Attorney(s) appearing for the Case

Law Offices of E. Justin Pennington, E. Justin Pennington, Albuquerque, NM, for Appellants.

G.T.S. Khalsa, Santa Fe, NM, for Appellee.

Youtz and Valdez, P.C., Shane Youtz, Brandt Milstein, Albuquerque, NM, for Amicus Curiae American Federation of State, County & Municipal Employees (AFSCME Council 18).

OPINION

FRY, Chief Judge.

{1} In these consolidated cases, Petitioners Dennis Gonzales and Tobias Pino challenge the decision of the Public Employees Retirement Board (the Board) denying them disability retirement benefits. Relying on a statutory provision applicable to a member of the Public Employees Retirement Association (PERA) who "is not a currently employed, contributing employee of an affiliated public employer," the Board concluded...

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