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NEV. PUB. EMPS. RET. BD. v. SMITH

No. 56801.

310 P.3d 560 (2013)

NEVADA PUBLIC EMPLOYEES RETIREMENT BOARD, and its Board Members; Sue Defrancesco; Charles Silvestri; Elizabeth Fretwell; Purisimo Hernandez; David F. Kallas; George Stevens; and Warren Wish, Appellants, v. Douglas E. SMITH, Respondent.

Supreme Court of Nevada.

October 3, 2013.

Attorney(s) appearing for the Case

Woodburn & Wedge and W. Chris Wicker and Jessica H. Anderson , Reno, for Appellants.

Chuck R. Gardner , Las Vegas, for Respondent.

BEFORE THE COURT EN BANC.

OPINION

By the Court, PICKERING, C.J.:

On this appeal we consider NRS 286.541(2), governing retirement by members of the Public Employees' Retirement System (PERS). PERS interprets NRS 286.541(2) as limiting retirement eligibility. In its view, a member who goes from one PERS-eligible job to another without a break in service and retiring from PERS may not thereafter retire and receive benefits from PERS, until the member effectively retires from...

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